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(영문) 전주지방법원 2020.11.04 2020구단84
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

A. On May 8, 2019, the Plaintiff caused an accident that, while driving a C-A-A-A-A-A-A-A-A-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U.

B. On June 12, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s Class II ordinary driver’s license (hereinafter “instant disposition”) on the ground of Article 93(1)6 of the Road Traffic Act, on the ground that “The Plaintiff’s instant traffic accident causing injury to three persons while driving the instant vehicle in the state of medication, etc., such as taking drugs, etc., and did not comply with the on-site relief measures or duty to report.”

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on September 1, 2019, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim for administrative appeal on October 22, 2019.

The violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Injury) and the violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) are the plaintiffs in this case.

At around 18:20 on May 8, 2019, the Defendant continued to proceed along one lane from the shooting distance from the Mannam High School, which is the two-lane road in the vicinity of the building B in Seongbuk-gu, Sungnam-si.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to take into account the traffic situation of the driving direction and prevent accidents by accurately manipulating the steering direction and brakes.

Nevertheless, the defendant neglected to do so and proceeds at the edge of the above two-lane road.

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