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(영문) 창원지방법원 2018.06.20 2018구단11266
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 Nov. 7, 2017, the Defendant rendered a disposition to the Plaintiff on Sep. 23, 2017, “The Plaintiff driven a low-speed car B around September 13:32, 2017, leading the road in front of the snow village located in the Seogdong-gu, Jin-gu, Jin-gu, Jin-si, into the front side of the mountain-distance flood. On the front side of the crosswalk, the Defendant took the back loaded part of the C Poter vehicle which stopped in the signal waiting at the front side of the crosswalk, and the Defendant took measures to revoke the license of the instant case on the ground that the Plaintiff’s license was revoked on the ground that it did not cause any traffic accident on the spot, such as causing injury, such as d4.5 tons and tensions, in need of treatment for two weeks at the same time, and scrapped the Poter vehicle.”

B. On January 15, 2018, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission. However, on February 27, 2018, the Plaintiff rendered a final judgment dismissing the Plaintiff’s appeal.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5, 11, Eul evidence 1, 6, 7, 9, Eul evidence 5, Eul evidence 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s administrative disposition standard is merely an internal administrative procedure standard for the Plaintiff’s alleged driver’s license, and immediately after the occurrence of the instant traffic accident, left the scene of the accident without recognizing the victims’ human damage in a situation where it is difficult to distinguish the victim’s personal damage due to serious chests from the Plaintiff. The instant disposition constitutes abuse of discretionary power when comprehensively taking account of the following factors: (a) the Plaintiff’s emergency treatment and treatment; (b) the victims filed a voluntary report after six hours; (c) the victims and their children agreed to do so; (d) the Plaintiff did not have previous and previous driving; (c) the family’s livelihood, etc.

B. (1) Determinations are within the scope of discretion by social norms.

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