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(영문) 수원지방법원 2018.05.23 2018구단6540
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 June 10, 1979, the Plaintiff obtained Class 1 ordinary driver's license (B) and Class 1 large driver's license on April 30, 1982. On October 20, 2003, the Plaintiff was found to have driven while under the influence of alcohol of 0.053% and was subject to the disposition of suspension of driver's license. On August 6, 1985, the Plaintiff had a history of a traffic accident as of August 6, 198.

B. On December 24, 2017, at around 18:45, the Plaintiff is driving a second-story bus No. 8600, a second-story bus in the direction of Yeongdeungpo-gu Office, disregarding the sign prohibiting entry into the second-story bus, in the direction of Yeongdeungpo-gu Office.

On February 1, 2018, the Defendant was issued a disposition to revoke Class I driver’s license and Class I ordinary driver’s license (hereinafter “instant disposition”) pursuant to Article 93(2) of the Road Traffic Act (hereinafter “instant disposition”) by causing a traffic accident that causes an injury to 22 passengers (3rd and upper 18 persons) due to the shock of high-priced parts on the roof part of the second floor (hereinafter “instant traffic accident”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on March 23, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From January 2016, the Plaintiff’s assertion that the Plaintiff was working, Kimpo-si Co., Ltd. introduced only three-story buses from around 2016 to the end of the horse, and without operating the two-story bus at the end of the horse, the Plaintiff had a bus engineer of the general (the first floor) send two-dimensional buses to the same route without employing a two-story bus-only engineer.

Although two-story buses are operated along different routes near the mountain station, which is the place of the instant traffic accident, there are two traffic accidents due to error of route at this place.

Therefore, the second floor BTM is not operated by exclusive engineers, but is a general bus article.

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