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(영문) 서울고등법원(춘천) 2016.08.17 2016누273
자동차운전면허취소처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

The reasoning of the judgment of the court of first instance is as stated in the part of the judgment of the court of first instance, except for the addition of the following Paragraph (2). Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

In addition, the plaintiff argued that the plaintiff left the scene after the occurrence of the accident of this case, but he voluntarily reported the occurrence of the traffic accident, such as direct phone call to the police station on the following day, stating himself as the perpetrator of the traffic accident.

Therefore, since the Plaintiff did not take measures such as aiding and abetting the casualties immediately after the traffic accident occurred, it constitutes a case where a voluntary report is filed within 48 hours, the Defendant is in accordance with Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act

3. Individual criteria for disposition of suspension;

B. A disposition of suspension of driver's license must be taken in accordance with paragraph (2) (hereinafter "Enforcement Rule of this case").

Nevertheless, the defendant issued the disposition of this case to revoke the plaintiff's driver's license, and the disposition of this case is illegal since it violated the Enforcement Rules of the Road Traffic Act.

In addition, even if the provision of the instant enforcement rule is discretionary, if the administrative agency, including the defendant, voluntarily reported within 48 hours after the traffic accident, it has imposed only 60 points of given points in accordance with the provision of the instant enforcement rule, so administrative practice was conducted.

The administrative agency shall be subject to self-regulation against the other party. The disposition of this case is against the provisions of the Enforcement Rule of this case and is against the principle of administrative equality or the principle of protection of trust.

Judgment

Article 93 of the Road Traffic Act shall not immediately stop the driver who has killed or injured any other person due to a traffic accident and take necessary measures to provide assistance to casualties, or shall not promptly report the occurrence of an accident to a police officer or a national police station.

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