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(영문) 수원지방법원 2017.10.18 2017구단1142
자동차운전면허정지처분취소
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 December 4, 2016, around 18:54, the Plaintiff: (a) driven a rocketing car on the front of the B B before the C-SIS on the ground that: (b) the Plaintiff stopped immediately and escaped without taking necessary measures, such as providing relief to the victim, while driving the vehicle while changing the lane without operating direction, etc.; (c) the Defendant issued the instant disposition revoking the Plaintiff’s Class 1 and Class 2 ordinary car (license number: D) as of January 28, 2017 by applying Article 93(1)6 of the Road Traffic Act.

B. The Plaintiff filed a request for formal trial with a summary order of KRW 6,00,000 on the grounds of the above criminal facts, which was sentenced to a fine of KRW 4,00,000 by the Suwon District Court (2017 High Court) on May 25, 2017, and filed an appeal against the foregoing criminal facts, and is still pending in the appellate trial.

[Ground of recognition] No dispute, Gap 1, Eul 4 to 8, and 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was receiving treatment by coercion from around April 2016. In light of the circumstances such as the Plaintiff’s occurrence of the military register of coercion, such as the Plaintiff’s frightened and high fear of extreme death, and the frightened blood, etc., which led to leaving the site due to the development of the military register of coercion, and the possibility of dismissal from the company when the license is revoked as the most liable for the living of three family members, the instant disposition was excessively harsh to the Plaintiff, thereby abusing and abusing discretion.

B. In the modern society where one motor vehicle becomes a public and universal means of transportation, the importance of establishing a sound and reasonable traffic order is growing, and the rate of accidents caused by traffic volume increase and traffic offense increases and the results are more serious.

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