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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 18, 2014, the Defendant issued a disposition to revoke the Plaintiff’s Class I and Class II ordinary driver’s license (C) on September 30, 2014 (hereinafter “instant disposition”) on the ground that “Around 00:20, August 18, 2014, driving B vehicles on the street in front of the Hannam-gu, Daejeon Metropolitan City Nowon-gu, Seoul Special Metropolitan City, causing a traffic accident in which water fessing (one square) and did not comply with the on-site relief measures and duty to report.”
B. On December 27, 2014, the Plaintiff was finally convicted of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) and the violation of the Road Traffic Act (unclaimed Measures after Accidents) on the grounds of the instant disposition.
[Ground of recognition] Facts without dispute, Eul evidence 2, Eul evidence 14-3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion did not cause a traffic accident, and there was no intention of escape.
The instant disposition is erroneous in matters of law by misunderstanding the facts.
B. 1) Determination 1) Even if the facts acknowledged in the original civil or administrative litigation are not detained in a criminal trial, the facts recognized in the judgment in the relevant criminal case are significant evidence in civil or administrative litigation, and it cannot be acknowledged that the facts opposed to the facts recognized in the relevant criminal case, barring special circumstances (see Supreme Court Decision 81Nu324, Sept. 13, 1983). 2) As seen earlier, the Plaintiff was convicted on the grounds of disposition in the instant case, and thus, the Plaintiff did not have caused a traffic accident.
The assertion that there was no intention to escape is without merit.
3. Therefore, the instant disposition is lawful.
3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.