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(영문) 창원지방법원 2014.08.13 2013구단1387
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 October 29, 2013, the Defendant rendered a disposition to revoke the first-class ordinary driving license (hereinafter “instant disposition”) by applying Article 93(1)6 of the Road Traffic Act to the Plaintiff on the ground that the Plaintiff caused a traffic accident involving the second-class two persons while driving a B vehicle on September 13, 2013, and did not perform on-site relief measures or duty to report even though he/she did not fulfill his/her duty to report.

The plaintiff was under the procedure of the previous trial.

【Ground of recognition” without any dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 13, and the purport of the entire argument as to the disposition of this case 1) The plaintiff stopped the vehicle immediately after the traffic accident of this case, provided contact information to the victim, and it seems that the victims have not taken relief measures because it was difficult to think that the victims suffered injuries in light of the situation at the time and the victim’s behavior. Thus, there was no escape from the scene without taking relief measures, and the victims’ actually suffered injuries are deemed to be in need of relief measures because they can be naturally cured and naturally, and it is difficult to deem that the driver’s license of this case is essential for the company to carry out their duties such as education, etc., and thus, the disposition of this case should be revoked because it is an illegal disposition that goes beyond the scope of proper discretionary power, considering the fact that it is difficult to live.

Judgment

1. In full view of the overall purport of the arguments as to the existence or absence of the reason for the disposition, the Plaintiff’s act of causing a traffic accident with his driving vehicle and resulting in a drunk driving even without any rescue measures or report to the victims. In the event of the instant traffic accident, the Plaintiff may cause physical damage to the extent of KRW 1,70,000,000 in total due to the damage of the back of the damaged vehicle caused by the instant traffic accident.

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