beta
(영문) 서울행정법원 2015.09.17 2015구단54592

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 January 21, 2015, the Plaintiff, while driving a B-Motor vehicle on January 21, 2015 and driving a 07:05-lane 27, Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, left the scene of the accident without taking measures, such as providing relief to the victim, even though he/she was fluencing the victim’s bridge and the sloping part of the front part of his/her own motor vehicle, and suffered injuries requiring approximately two weeks of treatment.

B. On February 25, 2015, the Defendant, by applying Article 93(1)6 of the Road Traffic Act to the Plaintiff, issued a disposition revoking the Plaintiff’s Class II ordinary driver’s license (C) to April 3, 2015 (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal, but the said claim was dismissed on June 9, 2015.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4 evidence, Eul 1 to 11 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had shocked the victim at the time of the traffic accident, and was punished with the victim. The Plaintiff notified the Plaintiff of the fact that the Defendant was equipped with a catf at the home address and the accident site.

Nevertheless, the victim was a man near the victim while taking a bath, and the plaintiff was only a man who was driving in B in 2013, while driving in B in 2013, with the experience of being threatened with the knife from the subject, and went out of the site.

Victim's injury is minor and agreed with the plaintiff.

The plaintiff is engaged in wholesale and retail business and has great difficulty in business without a vehicle.

Parent's parents are unable to lead a normal social life due to his or her depression.

In this regard, the Plaintiff is in a situation where the driving of the vehicle is necessarily necessary. In full view of all the circumstances, the instant disposition was erroneous in the abuse of discretion.

(b) The details of the relevant statutes are as shown in the attached statutes.

(c).