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(영문) 대구지방법원 2017.11.17 2017구단1259

자동차운전면허취소처분취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 4, 2017, the Plaintiff: (a) driven a B-car on June 23:10, and received on the left-hand part of the taxi’s right-hand side part of the said car from the north-gu office to the north-gu office by neglecting the signal to turn to the left-hand turn on the north-gu office from the north-gu office located on the north-gu office located in Daegu north-gu, Daegu-gu, as part of the front-hand part of the said car, while violating the signal to turn to the left-hand.

(hereinafter “instant traffic accident”). (b)

On June 8, 2017, the victim C, who is the driver of the above taxi, was issued a medical certificate that requires two-day medical treatment due to the salt, tension, etc. of the Y.

C. On June 19, 2017, the Defendant issued a disposition revoking the driver’s license (Class I ordinary) as of July 18, 2017 (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff escaped from the site without taking necessary measures to kill and kill people due to a traffic accident.

The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed by the Central Administrative Appeals Commission on August 22, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 14, 16 evidence, Eul evidence 1 through 6 (including each number in the case where there are additional numbers) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The absence of the grounds for disposition in the instant traffic accident cannot be deemed as an injury to the point where natural healing is possible. 2) Taking account of the circumstances such as the fact that the Plaintiff, who was employed in a security business company, is essential to drive a vehicle, and the Plaintiff is faced with economic difficulties due to the current cost of living and repayment of loans, etc., the instant disposition is unlawful as it deviates from and abused discretion.

B. (1) Determination 1) No. 3-2 and 3-3 of the evidence No. 3-2 of this case