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(영문) 춘천지방법원 2015.04.22 2015구합4035
자동차운전면허취소처분취소
Text

1. On July 29, 2014, the Defendant’s revocation of the driver’s license for the Plaintiff on July 29, 2014 is a Class II driver’s license.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person holding a driver’s license for Class 1 large vehicles, Class 1 ordinary vehicles, Class 2 ordinary vehicles, Class 2 small vehicles, and Class 2 small vehicles, and around 23:50 on June 11, 2014, while driving a BMW car (hereinafter “instant car”) and driving the front side of Dongdaemun-gu Seoul Metropolitan Government on the roads in the direction of the agricultural cooperative from the direction of the D market, caused an accident involving F, who was sittinged on the instant car, to the lower part of the instant car.

(hereinafter “instant accident”). (b)

On July 29, 2014, the Defendant issued a disposition to revoke the entire driver’s license of the Plaintiff under Article 93(1)6 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff did not perform relief measures or duty to report even though he did not perform the above F due to the instant accident.

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but received a dismissal ruling on December 3, 2014.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 1 through 5, Eul evidence No. 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that: (a) at the time of the instant accident, the Plaintiff did not say that the Plaintiff was the victim at the time of the instant accident, but did not appeal for the pain; (b) the Plaintiff did not recognize that the Plaintiff was the victim due to the instant accident; and (c) the Plaintiff stopped and confirmed the status of the victim himself; (d) even if the victim was injured, the Plaintiff did not have any external wound or the degree of injury was extremely minor; and (e) there was no need to take relief measures; and (b) the Plaintiff had the victim take a photograph of the Plaintiff’s face and the car number plate; and thus, (c) the Plaintiff did not escape from the accident, even if the Plaintiff caused the instant accident, the Plaintiff was obligated to take relief measures.

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