자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On May 24, 2019, the Plaintiff acquired a driver’s license (Class II ordinary) and is engaged in the construction business.
B. On July 23, 2019, at around 10:55, the Plaintiff driven a Bschton car in the Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as “dacting vehicle”) and driven the Bsch Rexton car in the third line while driving the second line, and hits the left rear part of the car (hereinafter “damaged vehicle”) driven in the third line (hereinafter “instant accident”). As a result, the Plaintiff continued to inflict an injury on the driver of the damaged vehicle requiring two weeks medical treatment, and caused the damage incurred in the estimate of the repair cost of KRW 2,394,854 (including parts 520,70,00).
C. On August 23, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground that: (a) caused the instant accident and left the site without taking any relief measures; and (b) left the site without filing a report.
(Disqualified Period from September 21, 2019 to September 20, 2023; hereinafter “instant disposition”). D.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on September 23, 2019, but was dismissed on November 5.
[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 12]
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion ① was made by the Plaintiff, at the time of the instant accident, the Plaintiff had a significant molded music at the time of the instant accident, and was trying to leave the tea, and returned to the driver’s boat as soon as possible, but the Plaintiff did not drive the damaged vehicle so that the instant accident could have occurred. The instant disposition was unlawful because the period of 4 years during which the instant accident occurred is too long.
② The instant disposition is an abuse of discretionary power when the Plaintiff actively cooperates in the police investigation, agreed to do so smoothly with the victim, and the driver’s license is absolutely necessary and the maintenance of livelihood, etc.
(b) Article 54 of the Road Traffic Act (Measures Taken at the time of the occurrence of an accident).