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(영문) 서울행정법원 2019.11.27 2019구단13377
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; and

A. On April 22, 2019, the Plaintiff driven a passenger car with B (B) bid around 09:38 on April 22, 2019, and, at the Ycheon-si, the Plaintiff continued C exclusive road at a non-speed from the wingside to the schilling plane.

Since a motor vehicle is a motorway, if it is likely to impede the normal traffic of other motor vehicles running in the direction of the change, the driver of the motor vehicle has the duty of care not to change course.

Nevertheless, while neglecting this and changing the course from a two-lane to a one-lane, the plaintiff is driving by the victim D (n, 51 years old) who is proceeding in the same direction as the other one-lane ******* the part of the upper right-hand part of the plaintiff's motor vehicle heading on the upper right-hand part of the plaintiff's motor vehicle

(hereinafter “instant traffic accident.” The Plaintiff, due to the foregoing occupational negligence, sustained injury to the victim, such as salt, tensions, etc. of the trend requiring approximately four weeks’ medical treatment, but failed to immediately stop and rescue the victim.

B. On May 21, 2019, the Defendant issued a revocation disposition on the Plaintiff’s driver’s license (Class II ordinary) (hereinafter “instant disposition”) on the ground that the Plaintiff did not take necessary measures, such as aiding and abetting the victim after the Plaintiff injured the person due to the instant traffic accident.

C. On June 20, 2019, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on July 23, 2019.

On the other hand, the Plaintiff.

As stated in paragraph (1), the victim did not take necessary measures such as aiding and abetting the victim due to occupational negligence but runs away as it is, thereby violating Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Code.

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