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(영문) 대전지방법원 2019.03.21 2018구단101316
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 July 28, 2018, the Plaintiff: (a) while driving a B-Motor vehicle and driving the B-Road crossing in front of Boli-si, she concealed the front part of the other vehicle into the front part of the vehicle in front of Boli-si; (b) suffered an injury requiring approximately three weeks of medical treatment; and (c) at the same time, she immediately stops the damaged vehicle with approximately KRW 2.8 million of its repair cost, and escaped without taking necessary measures, such as providing relief to the victim.

B. Accordingly, on October 12, 2018, the Defendant revoked the Plaintiff’s driver’s license (Class I, Class I, Class II, Class II, Class II, Class II, and Class II) on November 13, 2018.

(B) Of the above revocation, Class 2 driver's license for small automobiles shall be referred to as "the instant disposition".

The plaintiff filed an administrative appeal against the disposition of revocation, but the above claim was dismissed on December 18, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 7 and 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion 1) The Plaintiff’s vehicle driven by the Plaintiff on the day of the instant case where there is no grounds for disposition may be operated with a Class I and Class I ordinary driver’s license, but since the Plaintiff’s license cannot be revoked with a Class II driver’s license, the instant disposition was unlawful even if the Plaintiff’s license was revoked. (ii) Since the Plaintiff’s abuse of discretionary power obtained various driver’s licenses, it was illegal to revoke the instant disposition. (iii) since the Plaintiff had been engaged in exemplary driving without personal injury; (iv) after graduating from the university in 2017, the parent of the Plaintiff should commute to and from his workplace to the Plaintiff in order to cultivate his livestock industry from his school in 2017; and (v) all of the driver’s licenses are revoked, the instant disposition was erroneous in the misapprehension of discretionary power by excessively harshing to the Plaintiff.

(b) judgment;

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