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(영문) 인천지방법원 2019.09.03 2018구단828
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 February 23, 2018, at around 00:34, the Plaintiff: (a) while driving a C vehicle in front of the Nam-gu Incheon Metropolitan City, Nam-gu B, the Plaintiff was shocked by the damaged vehicle (D) prior to the snow path while changing the vehicle.

The damaged vehicle turned on the left side, which led to shock to a chemical that serves as a central separation zone of roads, and the driver of the damaged vehicle suffered injury, such as “influences and tensions,” which require approximately three weeks of medical treatment.

Nevertheless, the Plaintiff immediately stopped at the site and went away from the site without taking necessary measures, such as providing relief to victims.

B. On June 13, 2018, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (class 1 ordinary and class 2 ordinary) by applying Article 93(1)6 of the Road Traffic Act on the ground that the Plaintiff caused a serious traffic accident and did not perform on-site relief measures or duty to report.

(hereinafter “instant disposition”). C.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, and the Central Administrative Appeals Commission rendered a ruling dismissing the said claim on August 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 8, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion ① The road at the scene of the accident showed snow, snow, balth, thalth, and thalth, and the contact accident was easy, and thus, the plaintiff was not aware of the fact that the contact accident occurred, it was difficult to find the damaged vehicle, ② the failure of the plaintiff's on-site relief measures, etc. after the accident is based on negligence due to judgment and error rather than on intentionalness, ③ the disqualified period of the driver's license is four years, ④ the plaintiff's occupational driver's license is absolutely necessary and the plaintiff's bankruptcy is declared.

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