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(영문) 부산지방법원 2018.07.18 2018구단21105
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 November 9, 2017, the Defendant issued the instant disposition that revoked the Plaintiff’s Class 1 and Class 1 ordinary driving license on the ground that the Plaintiff caused one traffic accident (hereinafter “instant accident”) while driving a private taxi (hereinafter “instant vehicle”) on the front side of the Geum-gu Busan Metropolitan Government, on October 2, 2017, and did not perform on-site relief measures or duty to report.

B. Accordingly, the Plaintiff filed an administrative appeal on November 23, 2017, but was dismissed on January 9, 2018.

[Reasons for Recognition] Evidence Nos. 3-1, 2, Gap evidence Nos. 4, 5, Eul evidence No. 1-1, 2-2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion 1) At the time of the instant accident, the victim only flicked the instant vehicle and flicked the bridge to live on the floor while using it on the floor. Such circumstance constitutes a ground for imposition of penalty points in attached Table 28, as it does not interfere with daily life even without being treated, and can be naturally cured upon the passage of the time, so it is difficult to deem relief measures necessary. Moreover, the Plaintiff reported the instant accident to 112 after the instant accident and reported it to 112, and got the scene of the accident until the victim sent back. Nevertheless, the instant disposition based on the premise that the Plaintiff violated on-site relief measures or duty to report after the occurrence of the traffic accident is illegal. 2) Even if it is acknowledged that the Plaintiff violated on-site relief measures or duty to report after the instant accident, it is difficult for the Plaintiff to obtain the Plaintiff’s driver’s license and the Plaintiff’s personal taxi transport business’s personal and family members, even if the Plaintiff obtained an agreement to revoke his/her driver’s license.

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