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(영문) 창원지방법원 2016.04.19 2016구단33
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On July 17, 2015, the Plaintiff: (a) driven B urban bus on the front of the inventory line in the name of the members of Changwon-si, Changwon-si on the front of the stock market; (b) caused a traffic accident involving three vehicles with the central line and the opposite direction (hereinafter “instant accident”).

On September 22, 2015, the Defendant issued the instant disposition that revoked the Plaintiff’s driver’s license (class 1, class 1, class general class 2) as of October 21, 2015, on the ground that the Plaintiff’s driver’s license (class 1, class 1, class 2) was revoked as of October 21, 2015, on the following grounds: (a) the Plaintiff’s driver’s license was revoked on the ground that the Plaintiff’s license was revoked as of August 21, 2015, with 185 points (120 points (15 points and 8 points among the 30 points over the median line 30 points over the center line).

On December 8, 2015, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s request for administrative appeal on January 19, 2016.

[Reasons for Recognition] Entry Nos. 1, 7, and 14 of Eul and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The instant accident did not cause any personal injury to eight and seven persons in the middle and the middle, and the instant accident occurred when the Plaintiff changed the lane from the three lanes to the four lanes on the four-lane road to the four-lane, and operated the steering gear toward the port in order to avoid a collision, and thus, it is an accident by force majeure, and the Plaintiff’s driver’s license is essential in order to maintain his family’s livelihood by driving. Thus, the instant disposition was unlawful since the Plaintiff’s vehicle was abused and abused by discretionary authority, and thus, the instant accident occurred while driving the bus and causing the instant accident. As such, the part concerning the first and second-class ordinary driver’s license that is not related to bus driving in the instant disposition is unlawful.

B. Judgment 1. Road Traffic Act

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