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(영문) 대구지방법원 2020.08.21 2020구단737
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On November 1, 2019, around 23:30, the Plaintiff: (a) driven a DIsttop car (hereinafter “instant vehicle”) on the front of the fourth U.S. 4 U.S. construction shop located in Si/S.A., and went to the left at the left on the road; (b) concealed the back part of the NAS car, which was the front part of the instant vehicle, into the front part of the instant vehicle (hereinafter “the instant accident”); and (c) suffered injury, such as salt and tension in the conjection requiring approximately two weeks of medical treatment, cage, fage, and tension.

After the accident in this case, the Plaintiff left the scene of the accident without notifying the victim of his personal information as the patrol car arrives at the scene of the accident, while leaving the scene of the accident.

B. On January 10, 2020, the Defendant issued a disposition to revoke the driver’s license (class 1 common) as of January 18, 2020 pursuant to Article 93(1)6 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that “the Plaintiff was injured by the victim by the instant accident,” but did not perform on-site relief measures or duty to report despite having caused injury to the victim.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on March 3, 2020. D.

On the other hand, the Plaintiff.

Although the victim was injured by occupational negligence as stated in paragraph (1), he was prosecuted for committing a violation of Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (the crime of causing bodily injury after occupational injury) without taking necessary measures such as aiding and abetting the victim. On June 24, 2020, the Daegu District Court was sentenced to imprisonment with labor for 1 year and 2 months with labor for 2 years and suspended execution for 1 year and 2 years. The above judgment became final and conclusive around that time.

[Ground of recognition] There is no dispute.

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