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(영문) 대전지방법원 2018.07.26 2017구단101159

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 1, 2017, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license (Class II ordinary) pursuant to Article 93(1)6 of the Road Traffic Act on the ground that “The Plaintiff was driving a D car on the front of a restaurant located in Daejeon-gu, Daejeon-gu, around 01:10 on January 21, 2017, and did not comply with the on-site relief measures or duty to report (hereinafter “instant traffic accident”).

B. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on July 4, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not match the victim with a passenger car, and even if so, there was such fact.

Even if it was extremely minor shock that did not recognize the fact, and the injury suffered by the victim does not constitute an injury under the Criminal Act to the extent that it can be naturally cured, so the disposition of this case on the premise that the Plaintiff did not have the duty to take relief measures under Article 54 of the Road Traffic Act is unlawful.

In addition, the instant disposition revoking the Plaintiff’s driver’s license due to an extremely minor traffic accident is an illegal disposition that deviates from or abused discretion in violation of the principle of proportionality or the principle of excessive prohibition.

(b) Where any person is killed or injured or any goods are destroyed or damaged by traffic, such as driving, etc. of a vehicle that has a ground for disposition in existence, the driver or other crew member of the relevant vehicle shall immediately stop the vehicle and take necessary measures, such as providing assistance to casualties (Article 54 (1) of the Road Traffic Act and Article 54 (1) of the Road Traffic Act, if the person who has obtained the driver's license fails to take the above measures after killing or injuring the person in a traffic accident,