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(영문) 부산지방법원 2019.02.20 2018구단2227
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The defendant, around February 8, 2018, is driving a D car at the street in front of the Damo-gu, Busan (hereinafter referred to as the "car in this case") around February 22:17, 2018.

On April 9, 2018, in accordance with Article 93(1)6 of the Road Traffic Act, the Plaintiff issued a disposition revoking the Plaintiff’s Class 2 ordinary driving license (hereinafter “the instant disposition”) on the ground that the Plaintiff did not take measures, such as aiding victims, even if the Plaintiff suffered injuries, such as a diversal coordinate, which requires treatment for about three weeks in front of the parked vehicle, and did not take measures, such as aiding victims.

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. On February 18, 2018, the Plaintiff asserted that the instant passenger car is driving the instant passenger car in the status of drinking alcohol (0.038% alcohol level) around 22:17.

A car of the E-motor vehicle in the parking and a car of the F-driving in the front of the vehicle stopped, the vehicle was shocked annually, giving F a name and contact point to F, and the vehicle started first with E, F, etc.

Considering these circumstances, the Plaintiff’s act does not constitute a non-measures after a traffic accident, and thus, the instant disposition was made without a ground for disposition and is unlawful.

B. In full view of the written statements and arguments in the Evidence Nos. 3, 4, 4, and 4 to 7 of the No. 3-7, the judgment of the court below is as follows: ① Around February 22:17, 2018, the Plaintiff driven the instant vehicle and operated the instant vehicle on a two-lane road in front of the HH oil station located in Suwon-gu G, Busan, from the jurisdiction of the jurisdiction of the jurisdiction of the Gu, along with two-lanes from the East-gu, the ender of the instant vehicle stopped while driving the instant vehicle from the head of the Si/Gun/Gu to the ender of the instant vehicle; ② The Plaintiff got the ender of the instant vehicle after the vehicle stopped in the front of the vehicle; ② the instant accident caused the Plaintiff to suffer injuries, such as a multi-facel share, which requires treatment for about three weeks; and the injury of the F, which requires treatment of the vehicle by the head of the Si/Gun/Gu; and

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