1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On February 13, 2018, the Plaintiff, while driving Track cargo at around 00:40 on February 13, 2018, caused a traffic accident where 4.5 tons of freight is parked on the side at a point of 208 km in the parallel direction of the mid-to-west Highway in the west-gun-gun, Chungcheongnam-gun, Chungcheongnam-gun, and death and one middle-class one human being injured (hereinafter “instant traffic accident”). The Plaintiff was given 130 points of penalty due to the instant traffic accident.

(as the death, the number of points shall be 90 points, the number of points shall be 30 points, and the number of points shall be 10 points in violation of the duty of safe driving).

On June 12, 2018, the Defendant issued the instant disposition to revoke the driver’s license by applying Article 93(2) of the Road Traffic Act and Article 91(1) [Attachment Table 28] [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act on the ground that the Plaintiff’s total sum of penalty points for one year exceeds 130 points (121 points per year).

C. The Plaintiff appealed and filed an administrative appeal, but was dismissed on August 14, 2018.

[Ground of recognition] Facts without dispute, Gap 6 through 9, each entry of Eul 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant traffic accident is “a traffic accident involving a person, such as a motor vehicle,” which is “a traffic accident involving a person on the side,” and the victim B did not take safety measures such as the installation of a triangulation vehicle while illegally stopping on the side, and was negligent in stopping the damaged vehicle over the two-lanes beyond the boundary line of the side. ② The victim C and D did not stay inside a safe road on the side of an expressway, or are negligent in walking or walking on the side without sufficiently examining the movement of the surrounding vehicle, and thus, they constitute “a traffic accident involving a person on the side” under Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act.

3. One of the criteria for suspension;

(1) Although the provision (in the case of a traffic accident involving a person who is a motor vehicle, etc., if both of them are negligent, the given points shall be reduced to 1/2) of 2 shall apply, the instant disposition is above.