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(영문) 서울행정법원 2017.01.20 2016구합63859

운전면허대장정정 거부처분취소

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1. On May 12, 2016, the Defendant’s disposition rejecting the correction of the Plaintiff’s driver’s license ledger issued to the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On April 6, 2015, while the Plaintiff was a bus driver working for interest and transportation company, the Plaintiff stopped the bus according to the signal of suspension on the front line around 20:45, while operating B urban bus on April 6, 2015.

B. However, at the time, bus passenger C was faced with other passengers D while the bus passenger C was at the center and became at the center, thereby, C was at the 6th century and D suffered from the 2ndum injury.

(hereinafter referred to as “instant accident”). C.

On May 22, 2015, the prosecutor of the Seoul Northern District Prosecutors' Office who investigated the instant accident, rendered a non-prosecution disposition against the Plaintiff on the ground that the Plaintiff is a person eligible to be deducted from the bus mutual aid association.

On the other hand, the Defendant stated the following as “date of occurrence” in the traffic accident history column of the driver’s license register against the Plaintiff: (a) on April 6, 2015; (b) on violation; (c) on violation; (d) Seoul Dobong Police Station; and (e) personal injury: (c) on the one hand, the first instance and first instance class

E. On April 2016, the Plaintiff filed an application with the Defendant for the deletion of the part in which the instant accident occurred, among the driver’s license registers.

On May 12, 2016, the Defendant sent a reply to the Plaintiff on May 12, 2016 that “The records related to the register of driver’s license can be corrected according to reinvestigations or dispositions by the court and the prosecution (unguilty charges and crimes). However, the documents submitted by the Plaintiff cannot be corrected since they did not result in the disposition that serves as the grounds for correction.”

(hereinafter “Disposition in this case”). [Grounds for recognition] A] The fact that there is no dispute, Gap evidence Nos. 1 through 4 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the Defendant’s defense prior to the merits

A. The defendant's defense prior to the merits is not based on the will of an administrative agency to register the results of the traffic accident in the computer system, but naturally arising from the results of the traffic accident, and the entry of the accident in this case is based on the execution