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(영문) 수원지방법원 2018.11.28 2018구단3930
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. The Plaintiff obtained a Class 1 ordinary driver’s license on April 10, 200, but was subject to the revocation of the driver’s license by driving a motor vehicle under the influence of alcohol level 0.121% on March 6, 2009. In other words, on April 12, 2009, the Plaintiff driven the vehicle under the influence of alcohol level 0.20%, while driving the vehicle under the influence of alcohol level 0.20%. On August 7, 2009, the Plaintiff acquired a Class 1 ordinary driver’s license (B) on October 27, 2010.

B. On June 28, 2018, around 21:10, the Plaintiff left the hospital located in Pyeongtaek-si C to drive the E-chip, and went away without taking necessary measures, such as making a stop immediately, and providing relief to the victim, even if the Plaintiff caused a traffic accident (hereinafter “the instant traffic accident”), which requires approximately two weeks of medical treatment to the victim of the said failure, e.g., e., e., the e., the e., the e., the e., e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e.

C. On July 31, 2018, the Defendant applied Article 93(1)6 of the Road Traffic Act to the Plaintiff for reasons that the Plaintiff did not take necessary measures after causing the instant traffic accident.

The disposition was made to revoke the driver's license stated in the port (hereinafter "the disposition of this case"). D.

On September 1, 2018, the plaintiff filed an administrative appeal with the Central Administrative Appeals Commission.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion that occupational injury and the denial of escape (Chapter 1) caused by the instant traffic accident did not require measures, such as aiding the victim, since the said victim did not have any injury. 2) The Plaintiff is a rare and incurable disease.

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