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(영문) 대전지방법원 2018.01.25 2017구단100262
운전면허취소처분 취소청구의 소
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 February 23, 2017, the Defendant issued the instant disposition against the Plaintiff on the ground that “Around February 18, 2017, the Plaintiff was taking the instant disposition to revoke the driver’s license against the Plaintiff on the ground that “Around February 18, 2017, while driving a B vehicle on the road front of the 857-ro Round, caused a traffic accident causing human damage, and failed to comply with on-site relief measures and duty to report.”

B. The Plaintiff appealed and filed an administrative appeal on March 3, 2017, but was dismissed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 4 to 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 이 사건 사고는 피해자가 유발한 것이고, 사고의 정도도 피해자가 후진한 차량에 ‘툭’하고 부딪친 정도여서 구조가 필요한 정도가 아니라고 인식하여 현장을 떠난 것으로, 현장구호조치 또는 신고의무를 이행하지 않고 도주한 사실이 없으므로 이 사건 처분은 위법하다.

B. The Defendant’s disposition of this case is lawful, in full view of the following circumstances acknowledged by adding up the purpose of the entire pleadings to the images of the evidence No. 16 evidence No. 16.

1) In the Daejeon District Court case of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury), the Plaintiff was sentenced to a fine by being convicted of criminal facts constituting the grounds for the disposition, and the said judgment became final and conclusive without filing an appeal by the Plaintiff and the Prosecutor. 2) According to the black stuff image taken on the site of the accident, the Plaintiff shocked the back part of the victim who reported the road on the side from the vehicle behind the Plaintiff, and the Plaintiff was found to have stopped due to the shock, and the Plaintiff was able to turn on the emergency, etc. of the vehicle and temporarily stopped the scene.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit.

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