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(영문) 창원지방법원 2015.03.11 2014구단589
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On May 23, 2014, the Defendant: (a) applied Article 93(1)6 of the Road Traffic Act to the Plaintiff on the ground that the Plaintiff caused two ordinary traffic accidents while driving B vehicles on October 25, 2013 (hereinafter “instant traffic accident”); (b) the Plaintiff did not perform on-site relief measures or duty to report; and (c) applied Article 93(1)6 of the Road Traffic Act to revoke the Plaintiff’s license for driving motor vehicles (hereinafter “instant disposition”).

The plaintiff was under the procedure of the previous trial.

[Ground of recognition] There is no dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 14, and the purport of the entire argument purport of the disposition of this case as a whole, it was true that the plaintiff's Tracker came to turn to the left at the private distance intersection by recognizing the signal of the plaintiff at the time of the traffic accident of this case. However, it is a traffic accident caused by neglect of duty of care, such as failing to properly go to the front-way and speed operation in the course of entering the intersection by driving a motor vehicle by driving the motor vehicle in compliance with the basic direction.

Furthermore, even if the Plaintiff’s signal violation affected the occurrence of the instant accident, the Plaintiff’s vehicle operated by C in light of the circumstances of the accident, without any contact with the Plaintiff’s Trackor, was concealed by another vehicle. Therefore, the Plaintiff could not be considered as the perpetrator of the instant accident, and determined as a traffic accident irrelevant to himself/herself.

Therefore, the Plaintiff did not intentionally flee without taking relief measures.

Judgment

In full view of the overall purport of the arguments in each statement in Gap's evidence Nos. 2 through 7, Eul's evidence Nos. 4 through 9 (including partial Nos. 4 and 9), the plaintiff operated a Track at the time of the traffic accident in this case and made a left-hand turn in violation of the distance crossing signal at the time of the traffic accident in this case.

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