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(영문) 창원지방법원 2016.06.07 2016구단200

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. Around 22:25 on October 29, 2015, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class II ordinary) as of December 22, 2015, on the ground that the Plaintiff caused a traffic accident involving two persons on the front part of the vehicle at the KSN and did not take necessary measures, such as aiding victims, on the ground that the Plaintiff driven a vehicle at the Jindo Police Station located in the Jindo-gu, Jindo-si, Jindo-si, and caused the traffic accident involving the front part of the vehicle at the KSN and did not take necessary measures (hereinafter “instant disposition”). < Amended by Act No. 13583, Nov. 20, 2015>

On December 24, 2015, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s request for administrative appeal on January 22, 2016.

The plaintiff was prosecuted for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the "Act on the Aggravated Punishment, etc. of Specific Crimes" (the "Act on the Aggravated Punishment, etc. of Specific Crimes") and the violation of the Road Traffic Act (the "Act on the Aggravated Punishment, etc. of Specific Crimes" and the "Act on the Aggravated Punishment, etc. of Specific Crimes" (the "Act on the Aggravated Punishment, etc. of Specific Crimes (the "Act on the Aggravated Punishment, etc. of Specific Crimes" and the "Act on the Aggravated Punishment

【Reasons for Recognition】 Entry of Evidence Nos. 1 and 17, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The Plaintiff did not suffer an injury due to a traffic accident, and the Plaintiff was unaware of the occurrence of the traffic accident at the time of the traffic accident, and the instant disposition was unlawful since there is no ground for disposition. 2) The Plaintiff’s driver’s license is essential to continue to work at the workplace and maintain his family’s livelihood. In light of the fact that the instant disposition was unlawful since it exceeded and abused discretion.

B. In full view of the purport of the entire pleadings in the statement Nos. 7, 9, 10, and 11 of Eul, the Plaintiff is ahead of the Jinhae Police Station located in Jinhae-gu, Jinhae-si around October 29, 2015, around 22:25, 2015.