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(영문) 서울행정법원 2020.10.14 2020구단9442
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

On December 8, 2019, at around 08:37, the Plaintiff driven a CKaman car volume on the road in front of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and made a right-hand turn along four-lanes. As a result, the Plaintiff was waiting for left-hand turn-hand turn-on at one-lanes in the opposite direction, and the Plaintiff was receiving a part of the part of the crime protruding over the left-hand part of the D (hereinafter referred to as “victim”)’s driving event at a stop (hereinafter referred to as “the instant traffic accident”). As a result, the victim suffered injury that needs to be treated for about two weeks.

Nevertheless, the Plaintiff immediately stopped and escaped without taking necessary measures, such as aiding the victim.

On January 7, 2020, the Defendant revoked the driver’s license (Class 1 ordinary) on the ground that “A person was injured by the instant traffic accident, but failed to comply with on-site relief measures, etc.” against the Plaintiff.

(hereinafter “instant disposition”). On February 19, 2020, the Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on March 17, 2020.

On the other hand, on October 6, 2020, the Seoul Southern District Court rendered a judgment of conviction of the Plaintiff KRW 10 million on the ground of the facts constituting the crime that “a person was injured due to the instant traffic accident, and a person did not take necessary measures even after having damaged the said sports.”

(1136) [Grounds for Recognition] The plaintiff's assertion as to the legitimacy of the disposition of this case as to whether the disposition of this case is legitimate or not as to Gap's 1, 2, Eul's 1, and Eul's 1 to 14 (including additional numbers), the plaintiff has been driving in compliance with laws and regulations for not less than 29 years, the plaintiff's vehicle driver's license is necessary because the plaintiff engages in the business of proxy driving, and the driver's license is an important means to maintain the family's livelihood, and the plaintiff has agreed with the victim.

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