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(영문) 부산지방법원 2018.01.17 2017구단21306
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 July 3, 2017, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license pursuant to Article 93(1)6 of the Road Traffic Act on the ground that, on May 20, 2017, the Plaintiff caused a traffic accident where the Plaintiff was driving a vehicle around 10,00 Busan Si University No. 38-gil, Busan Si University (hereinafter “instant accident”) and did not perform on-site relief measures or duty to report.

(hereinafter “instant disposition”). (b)

The Plaintiff filed an administrative appeal on the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s request for administrative appeal on October 11, 2017.

C. On the other hand, on August 10, 2017, the Plaintiff was released from the Busan District Prosecutors’ Office on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) regarding the instant accident.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Eul's 1 through 4 (including paper numbers), and the purport of whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The injury suffered by the victim due to the instant accident cannot be deemed to have been insignificant and thus, the Plaintiff did not have the duty to rescue the victim. 2) Even if not, in light of the degree of damage suffered by the victim, the background of the instant accident, the Plaintiff’s occupational necessity, and the fact that the Plaintiff’s driver’s license can be acquired when the driver’s license is revoked, the instant disposition is excessively harsh to the Plaintiff, and thus, the Plaintiff’s discretionary authority was abused or abused.

3) Therefore, the instant disposition is unlawful. (B) The following circumstances acknowledged by the evidence revealed earlier, which were found before the Plaintiff failed to comply with relief measures or duty to report after the personal traffic accident, i.e., salt accounts in need of treatment for the victim of the instant accident for two weeks.

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