logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.10.17 2016구단6323
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 August 18, 2015, at around 07:52, the Plaintiff driven a Abea car and brought to the left the front wheel part of the bicycle driven by C (hereinafter “victim”) in the opposite direction while driving a four-lane of the 221-lane road prior to the Seoul Southernbuk-gu Seoul Southernbuk-ro, the front side part of the bicycle driven by C (hereinafter “the instant accident”).

B. The Plaintiff left the scene of the accident without taking relief measures or filing a report, even though the Plaintiff suffered injuries, such as light fluoral salt fluoring, which requires two weeks of treatment.

C. On October 7, 2015, the Defendant issued a disposition revoking the Plaintiff’s driver’s license pursuant to Article 93(1)6 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff caused a traffic accident as above and caused the Plaintiff’s injury, but failed to comply with relief measures or duty to report.

On November 17, 2015, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said appeal on December 15, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 8 and 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the Plaintiff’s assertion 1’s absence of the grounds for disposition and the Plaintiff’s failure to clearly assert the circumstances of the accident, it is doubtful whether the instant accident occurred by the Plaintiff.

Even if the instant accident occurred by the Plaintiff, the Plaintiff was able to see that the Plaintiff got out of the victim and stop at that moment, and see, in light of the fact that the Plaintiff was able to see whether the victim is fine or not, and that the victim goes out to the right of delivery that might occur on the left place without any answer.

arrow