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(영문) 서울행정법원 2019.06.12 2019구단4595
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. On September 15, 2018, the Plaintiff driven a BMW 320d car on BMW 05:30 on September 15, 2018, and tried to see the part of the victim's back-of-hand part of the back-of-hand part of the victim's vehicle in the front side of the Djust station in Jongno-gu Seoul Metropolitan City, driving from the intersection to the intersection by using one lane at the speed from the intersection between the intersection and the intersection. The Plaintiff was negligent in driving the victim's vehicle on the first lane, where the victim's vehicle is at the right speed and without securing the safety distance, while driving the vehicle at the right speed, while driving the vehicle at the right speed and without securing the safety distance.

(2) The Plaintiff, at the same time, went away without immediately stopping a vehicle owned by the victim with damage to KRW 478,775 in repair cost, such as exchange of back panions for about three days, while suffering from the injury of fats requiring treatment for about three days, and at the same time, the Plaintiff escaped without taking measures such as providing relief to the victim, etc.

B. On November 8, 2018, the Defendant issued a disposition revoking driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff did not take necessary measures, such as aiding and abetting the victim after the Plaintiff injured the person due to the instant traffic accident.

C. On December 17, 2018, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on January 25, 2019.

On the other hand, the Plaintiff.

The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is committed against Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act by escaping without taking necessary measures, such as aiding and abetting the victim, even though the victim was injured by occupational negligence as stated in the paragraph.

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