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(영문) 부산지방법원 2016.06.29 2016구단20009
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 January 25, 1975, the Plaintiff acquired the Class 1 ordinary driving license and the Class 1 large driving license on January 17, 1980, respectively.

B. On September 30, 2015, the Plaintiff driven a high speed bus B around 00:10, while proceeding to the Busan metropolitan highway in the Daegu metropolitan direction, resulting in a traffic accident involving two human injury, who died due to the violation of the duty of safety driving (hereinafter “instant accident”).

C. On December 18, 2015, the Defendant issued the instant disposition to revoke each of the instant driver’s licenses as of December 28, 2015 pursuant to Article 93(2) of the Road Traffic Act, on the ground that the accumulated points for the Plaintiff’s year of December 18, 2015 fall under at least 121 points, which is the criteria for revocation of the driver’s license, on the ground that the Defendant imposed the penalty points of 190 (10 points in violation of the duty of safe driving and 180 points in human damage (2 points in death x 90 points) on the Plaintiff.

On January 6, 2016, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on February 16, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4 (including virtual numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) After the occurrence of the instant accident between the Plaintiff’s vehicle and the damaged vehicle, the accident is again referred to as “the second accident” between C’s vehicle and the damaged vehicle.

In full view of the instant accident and the details of the second accident, conflict, damage situation, etc., given that the victims died of the second accident, not the instant accident, it cannot be imposed on the Plaintiff due to the death of the victims. Therefore, the instant disposition that was issued on the premise that two persons died of the instant accident and that the Plaintiff’s accumulated points were in excess of the criteria for revocation of the driver’s license for one year is unlawful. (ii) The Plaintiff abused discretion while driving an urban bus, airport-free bus, etc.

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