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(영문) 부산고등법원 2016.01.15 2014누22168
자동차운전면허취소처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The issues of the instant case and the judgment of the court of first instance

A. On May 9, 2014, the key issue of the instant case: (a) the Defendant notified the Plaintiff’s driver’s license as of June 4, 2014 (hereinafter “instant disposition”) on the ground that (i) the Plaintiff driven the Brier-fast trucking truck (hereinafter “fast truck”) and caused an ordinary traffic accident; (ii) the Plaintiff escaped without complying with on-site relief measures or reporting obligation; and (iii) the Plaintiff’s driver’s license was revoked (hereinafter “instant disposition”).

The key issue of the instant case is ① Whether the Plaintiff did not take necessary measures or report under Article 54(1) or (2) of the Road Traffic Act after killing or injuring a person due to a traffic accident; ② whether the instant disposition revoking the Plaintiff’s driver’s license for the said reason was in violation of the law of deviation or abuse of discretion.

B. On March 28, 2014, the first instance court’s decision 1) with respect to the first issue, the first instance court’s decision 1:10 on March 28, 2014, the Plaintiff’s DF car (hereinafter “victim”) for the victim C driver’s car (hereinafter “victim”) driven by the victim C, who was at a speed of about 90 kilometers in speed at the speed of about 90 kilometers in speed from the later side of the back of the back of the sea-going vehicle while driving the upper part of the BF (hereinafter “victim”) at the speed of about 75 kilometers in speed from the north-do to the port side of the sea-going side to the two-lane.

The fact that he received the front part of the wheeler, thereby, displayed the rear part of the melting Vehicle with the number plate as the outer part. The front part of the wheeler part was in contact with the ground floor. The damaged vehicle was damaged to the extent that the front part cannot be seen well, to the extent that the front part was followed to the extent that it is necessary to repair expenses equivalent to approximately KRW 9,876,00,000. The fact that the plaintiff stopped on the right side of the melting Vehicle after the accident and stopped on the fourth-lane and confirmed the condition of the harming Vehicle, and that the damaged vehicle stops after about about 50-60 meters.

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