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(영문) 서울행정법원 2015.10.22 2015구단7138
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. At around 16:00 on October 29, 2014, the Plaintiff: (a) driven a B-Motor vehicle, and was passing through a route in front of a living series park located in the Dobong-gu Seoul Metropolitan City 19-ro 48, Dobong-gu, Seoul, the Plaintiff left the scene of the accident without taking measures, such as aiding the victim’s rescue, etc., despite the victim’s shocked the front right side of the bicycle and damaged the bicycle, thereby damaging the bicycle; and (b) sustained the left-hand sprink in need of approximately two weeks of treatment.

B. On December 5, 2014, the Defendant: (a) applied Article 93(1)6 of the Road Traffic Act to the Plaintiff; (b) issued a disposition revoking the Plaintiff’s Class I ordinary and Class II ordinary drivers’ license (C) on January 8, 2015 (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal, but the said claim was dismissed on March 3, 2015.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 to 9 evidence, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. At the time of the traffic accident, the plaintiff argued that the victim was fine and that he was able to make a smooth resolution.

The plaintiff was unable to drive a motor vehicle for a period of six months, making it difficult for him/her to drive a motor vehicle, and he/she was living as an excellent model.

Since the acquisition of a driver's license, he has been driving safely.

In full view of all the circumstances, the instant disposition was erroneous in the abuse of discretionary power.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. The determination of the first driver's license is an administrative agency's discretionary action, and today's automobile is a mass means of transportation and accordingly, the driver's license is issued. Any person who violates the necessary measures and regulations after causing traffic accidents shall have a serious duty to the driver on traffic law.

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