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(영문) 창원지방법원 2015.11.24 2014구단831
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

On July 17, 2014, the Defendant rendered a disposition to revoke the Plaintiff’s license for Class I ordinary and Class II ordinary driving licenses (hereinafter “instant disposition”) by applying Article 93(1)6 of the Road Traffic Act on the ground that the Plaintiff caused a traffic accident that the Plaintiff would cause one first while driving a B vehicle on June 22, 2014 (hereinafter “instant traffic accident”) while failing to comply with on-site relief measures or duty to report.

On July 29, 2014, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but was dismissed on September 16, 2014.

[Ground of recognition] There is no dispute, Gap evidence Nos. 1 (including a paper number), Eul evidence Nos. 1 and 14, and the purport of the whole oral argument as to the legality of the disposition of this case as a whole, the plaintiff's contact with the victim's driver's vehicle at the time of the traffic accident of this case, and the victim's own entrance and exit was closed in the course of discussing the agreement after the traffic accident. Thus, the plaintiff did not know all of the facts that the victim suffered injury due to the traffic accident of this case.

The plaintiff was in a situation where he/she had to go to the house for time due to the departure of his/her father at the time, and after requesting the handling of the case to his/her day, he/she was boarding or moving the taxi, and it is not impossible to determine who caused the accident by arbitrarily leaving the scene of the accident.

Therefore, since the plaintiff did not intentionally flee without taking relief measures, the grounds for the disposition of this case are not recognized.

Judgment

In full view of the overall purport of the arguments in the statement No. 11 (including paper numbers), No. 11), No. 4, 5, 7, and 10, the whole purport of the pleadings is as follows: ① the Plaintiff received the front portion of the vehicle being driven by the victim while driving the vehicle while driving the vehicle at the time of the instant traffic accident; ② the victim’s vehicle was 408,000 won.

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