자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 11, 2014, the Defendant: (a) on May 11, 201, the Defendant: (b) driven a DDama Track Cargo Vehicle (hereinafter “Plaintiff”) at the crosswalk prior to the convenience store C located in Daegu Suwon-gu, on May 11, 2014; and (c) revoked the Plaintiff’s driver’s license as of July 9, 2012, on the ground that the Plaintiff, on the left side of the crosswalk, was shocked by the victim (hereinafter “victim”) who was a child of six years of age who was riding on the bicycle on the right side; (d) caused injury to the victimized child (hereinafter “victim’s child”); (e) on the ground that the victimized child did not comply with on-site relief measures or duty to report.
【Facts without dispute over the ground for recognition, Gap evidence 1, Eul evidence Nos. 1 through 11 (including provisional number), the purport of the whole pleadings
2. Determination on the legitimacy of the instant disposition
A. The Plaintiff’s assertion 1) The instant accident is an accident that occurred while the victimized child gets on and off the bicycle at a rapid speed in the future in the Plaintiff’s vehicle, and thus, the Plaintiff’s negligence is not recognized in relation to the instant accident.
B) At the time of the instant accident, the Plaintiff was aware that the victimized child was not shocked with the Plaintiff’s vehicle, and that the victimized child was not aware of the fact that the victimized child was the injured child at all. C) The injured child was merely a minor figure of 10 days prior to the instant accident, but did not have any impediment to the daily life of the injured child, so it is difficult to deem the injured child’s injury as constituting “injury”. In addition, immediately after the instant accident, the Plaintiff asked the parent’s contact address several times to the victimized child immediately after the instant accident, and sent the victimized child’s house to the victimized child. However, since the victimized child was born a bicycle on his own, the Plaintiff had the intent to escape.