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(영문) 창원지방법원 2014.12.17 2013구단10046
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On June 25, 2013, the Defendant rendered a disposition to revoke the Plaintiff’s license for Class 1 and Class 1 (Traler) driving (hereinafter “instant disposition”) by applying Article 93(1)6 of the Road Traffic Act, on the ground that the Plaintiff caused three ordinary traffic accidents while driving B vehicles on April 24, 2013 (hereinafter “instant traffic accident”) while failing to perform on-site relief measures or duty to report, on the ground that he/she did not perform on-site relief measures or duty to report (hereinafter “instant disposition”).

The plaintiff was under the procedure of the previous trial.

【In the absence of any dispute, Gap 1, 9, 10 evidence, Eul 1 through 12 evidence (including partial identification numbers; hereinafter the same shall apply) and the purport of the entire argument as to the disposition of this case as to the lawfulness of the disposition of this case as a whole, the plaintiff was driving as it was because he was unable to become aware of the fact that the damaged vehicle was shocked at the time of the traffic accident in this case, and later he was aware of the fact that he was the victim's horse at the time of the traffic accident in this case. The damage caused by the traffic accident in this case was insignificant, and did not escape without any relief measures. Since the victim was immediately reported to the police, there was no need to take any particular measures to ensure smooth traffic. 2) The plaintiff was in need of the driver's license to engage in the freight transportation business, so if the driver's license is revoked, it is difficult to treat his family's livelihood and disease, the personal and physical damage of the damaged vehicle, and the insurance disposition in this case should be revoked only because it goes beyond the scope of discretion.

Judgment

1. First of all, the fact that the criminal judgment, which became final and conclusive on the same factual basis, was found guilty on the existence of the reason for the disposition, is a good evidence.

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