자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff acquired a Class 1 driver’s license for a Class 1 large and Class 1 ordinary vehicle, and has driven B cargo vehicle (hereinafter “instant cargo vehicle”).
B. On November 3, 2014, the Defendant driving the instant cargo around 13:58 on July 25, 2014 with respect to the Plaintiff, and turn to the left at the fourth distance prior to the old U.S. High School, Dong 1-dong, U.S. High School.
The instant disposition that revoked the Plaintiff’s respective driver’s license as of November 3, 2014 on the ground that he/she caused a traffic accident with one ordinary person (hereinafter “instant accident”) and did not perform on-site relief measures or duty to report.
【Facts without dispute over the ground for recognition, Gap evidence 1, Eul evidence 1 and 2 (including the paper number), the purport of the whole pleadings
2. Determination on the legitimacy of the instant disposition
A. The Plaintiff’s assertion 1) The instant cargo vehicle is a dump truck with a high driver’s seat, and the Plaintiff did not properly recognize the fact of the instant accident at the time of the instant accident. However, the Plaintiff was unable to detect the trace of the instant accident even if the Plaintiff stopped in the vicinity of the instant accident site and looked at the surrounding areas due to the sound that was suddenly driven on the rear side. Therefore, the instant disposition was unlawful on the ground that there was no intention to escape at the time of the instant accident. Therefore, the instant disposition was unlawful because the Plaintiff was unable to support his family because he was unable to engage in his occupation when the Plaintiff’s driver’s license was revoked. Thus, the instant disposition was unlawful because it was against the Plaintiff’s discretion by excessively harshing the Plaintiff.
B. As to the first Plaintiff’s first argument, “Where necessary measures or reporting under Article 54(1) or (2) are not made after the death or injury of a person due to a traffic accident” as prescribed by Article 93(1)6 of the Road Traffic Act means a driver of an accident.