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(영문) 창원지방법원 2015.09.22 2015구단10118
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 22, 2014, the Defendant rendered a disposition to revoke the Plaintiff’s first-class and first-class ordinary driver’s license (hereinafter “instant disposition”) by applying Article 93(1)6 of the Road Traffic Act on the ground that the Plaintiff caused a traffic accident that the Plaintiff would cause one first-class while driving a B vehicle (hereinafter “instant traffic accident”) on August 30, 2014, while failing to comply with on-site relief measures or duty to report.

On November 19, 2014, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but was dismissed on January 6, 2015.

【In the absence of dispute, the Plaintiff was under the influence of alcohol at the time of the instant traffic accident, and the victim was under the influence of alcohol at the time of the instant traffic accident. The Plaintiff was under the influence of alcohol at the time of the instant traffic accident, and was under the influence of alcohol, and was under the influence of alcohol at the time of the instant traffic accident. The Plaintiff was under the influence of alcohol at the time of the instant traffic accident. The Plaintiff was under the influence of alcohol at the time, and was under the influence of the vehicle, and was under the influence of the vehicle without being able to find out the victim. The Plaintiff was under the influence of the vehicle. The Plaintiff did not escape without intentionally taking relief measures. As such, the Plaintiff was on the duty of taxi driving, and the Plaintiff was under the duty of taxi driving. Therefore, the instant disposition should be revoked on the ground that the Plaintiff’s driver’s license is an unlawful disposition beyond the reasonable scope of discretion.

Judgment

1. First, comprehensively taking account of the overall purport of the arguments as to the existence of the reason for the disposition, the Plaintiff recognized the fact that at least dolusently and shocked the victim at the time of the instant traffic accident.

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