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(영문) 수원지방법원 2020.03.13 2019구단6332

자동차운전면허취소처분취소

Text

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 May 27, 2018, the Plaintiff driven B B B B 2, and proceeded with the national highway No. 29 of the 29-lane located in the Dan Chang-gun, Jeon Chang-gun, Seoul, while at the same time, due to the negligence of the central line, the Plaintiff faced an injury to all six persons, including the driver of the damaged vehicle and his/her passenger, while stopping the damaged vehicle immediately, without taking measures, such as providing rescue to the victims.

B. On July 11, 2018, the Defendant issued a disposition revoking Class II ordinary drivers’ licenses against the Plaintiff on the ground that the Plaintiff did not take necessary measures or report on the Plaintiff’s injury to others due to a traffic accident (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on December 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 through 16, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the plaintiff's assertion 1 is that the non-existence of the reason for disposition is mixed with consciousness due to the shock of the accident of this case, and that the plaintiff was placed in the hospital emergency room due to the plaintiff's daily behavior, and that there was no intention to escape from the accident site, and there was a justifiable reason to leave the accident site. In addition, the plaintiff's relative or scarcity reported 119 on behalf of the plaintiff remaining in the accident site, and took measures such as providing relief to the victims until the plaintiff arrive at the site. The plaintiff was notified to the police officer who arrived at the accident site of the accident, and notified the plaintiff of the plaintiff's personal information and telephone number, so the plaintiff's personal information were informed to the patient at the hospital emergency room. Thus, the plaintiff injured the victim due to traffic accident.