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(영문) 창원지방법원 2014.12.17 2013구단10114

자동차운전면허취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On August 22, 2013, the Defendant rendered a disposition to revoke the Plaintiff’s first-class ordinary driver’s license (hereinafter “instant disposition”) by applying Article 93(1)6 of the Road Traffic Act on the ground that the Plaintiff caused a traffic accident requiring one regular driver’s license while driving B vehicles on July 25, 2013 (hereinafter “instant traffic accident”) while failing to comply with on-site relief measures or duty to report.

The plaintiff was under the procedure of the previous trial.

【In the absence of dispute, the Plaintiff’s assertion of lawfulness of the instant disposition as to the overall purport of each of the statements, evidence Nos. 1 and evidence Nos. 1 through 12 (including partial defense numbers; hereinafter the same shall apply), and the entire purport of the argument, the Plaintiff’s assertion of lawfulness of the instant disposition is the victim at the time of the instant traffic accident, with the victim’s mobile phone number known to him/her at the time of the instant traffic accident, and also at the scene of the accident. The police officer left the scene of the accident at the time of the traffic accident at the point of convenience prior to a clerical error, only left the scene at a maximum of about 30 minutes for drinking water, and the victim’s and police officer’s phone call was received, and contact with the insurance company was made on the site of his/her own vehicle,

Therefore, the instant disposition should be revoked as it is unlawful since the grounds for disposition are not recognized.

Judgment

Comprehensively taking account of the overall purport of the arguments in evidence Nos. 5, 7, and 9, the Plaintiff suffered injury to the victim who driven the central line at the time of the instant traffic accident, by negligence, such as climatic salt, tension, etc. requiring approximately two weeks of medical treatment. The victim received first aid to remove small favorable sculptures on the left side of the traffic accident immediately after the instant traffic accident, and received approximately two weeks of hospitalized treatment from the morning following the following day, and the vehicle was damaged.