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(영문) 서울행정법원 2020.01.22 2019구단65668

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 April 24, 2018, at around 23:20, the Plaintiff was driving a B Dskerger car, while working on a side road in Sungnam-si, Sungnam-si C Housing, and the victim D was driving on the right frame of the Plaintiff’s vehicle directly.

When a person who drives a motor vehicle intends to pass through an intersection, he/she has a duty of care to safely drive the motor vehicle by checking whether there is a motor vehicle driving on the left or right side.

The plaintiff did not see the highest level of the vehicle that is directly driving on the right side due to negligence of neglecting the Jeonju-si, and did not take necessary measures such as aiding the victim by immediately stopping the vehicle, even though it did not damage the front gate, etc. of the damaged vehicle, which requires approximately two weeks of medical treatment for the victim by shocking the front part of the damaged vehicle in front of the right-hand part of the plaintiff vehicle, and without taking necessary measures such as aiding the victim.

B. On June 14, 2019, the Defendant issued a revocation disposition on the Plaintiff’s driver’s license (class 1 ordinary) (hereinafter “instant disposition”) on the ground that the Plaintiff did not take necessary measures, such as aiding and abetting the victim after the Plaintiff injured the person due to the instant traffic accident.

C. The Plaintiff filed an administrative appeal against the instant disposition on July 6, 2019, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on August 13, 2019.

On the other hand, the Plaintiff.

As described in paragraph (1), it was summaryly charged with the crime of violation of Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act, which committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by escape), without taking necessary measures such as aiding and abetting the victim, even though the victim was injured by occupational negligence.