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(영문) 인천지방법원 2020.04.24 2019구단51045
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 September 16, 2018, the Plaintiff driven a rocketing taxi on the 02:53 B rocketing, and driven a side 726 White-ro, Seo-gu, Incheon, Seo-gu, Incheon, at a speed of 38.7 km per hour in accordance with the speed of 38.7 km from the west-gu, Seo-gu, Incheon to the west-gu, the side of the road from the west-gu, the west-gu, the west-gu, the direction, etc. was not operated and the COET 250 two-lanes without the driver's license plate of the victim C (24 years old) going beyond the COET 250-wheeled to avoid the collision with the plaintiff's taxi.

In the above accident, the Plaintiff suffered injury to the victim during approximately 12 weeks of the above 12 weeks of laverization of laverization of laversing around the right-hand part of the right-hand part, and destroyed the above lavers to cover approximately KRW 1,800,000 of the repair cost, but failed to immediately stop and take necessary measures, such as aiding the victim.

(hereinafter “instant accident”). (b)

On December 10, 2018, the Defendant issued a disposition revoking Class I driver’s licenses on the ground that the Plaintiff caused an accident as above and did not perform on-site relief measures or duty to report.

(hereinafter “instant disposition”). C.

The Plaintiff filed an administrative appeal against the instant disposition on April 22, 2019, but the Central Administrative Appeals Commission dismissed the Plaintiff’s claim on May 21, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 5 (including additional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff did not recognize the instant accident and did not have any intention to flee. Therefore, although the Plaintiff could not be deemed to have escaped without taking measures, such as aiding and abetting the victim due to traffic accidents, the instant disposition against the Plaintiff based on the Defendant’s different judgment is unlawful. 2) The Plaintiff’s abuse of discretionary power.

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