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(영문) 부산지방법원 2016.08.31 2016구단210
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 October 21, 2015, the Plaintiff driven the horse bribu on the 12:28th day of October 201, the Plaintiff caused a traffic accident (one regular road; hereinafter referred to as “instant accident”) involving four-lanes of five-lanes of five-lanes to the intersection of Suwon-gu, Busan, the Mabro-gu, the Mabro-gu, the Busan, the Mabro-gu, the front part of which is the front part of the motion picture screen, while driving from WBC Officetels to the front part of the motion picture screen (hereinafter referred to as “instant accident”).

B. On December 30, 2015, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (Class II ordinary) as of January 24, 2016 (hereinafter “instant disposition”) on the ground that the Plaintiff caused the instant accident and did not perform the on-site relief measures and duty to report even though the Plaintiff did not fulfill the duty to report (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal on January 22, 2016 regarding the instant disposition, but was dismissed on April 5, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1 to 6 (including additional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) was in violation of the Plaintiff’s signal at the time of the instant accident, but it cannot be deemed that the Plaintiff escaped because the Plaintiff did not know the fact that the injury was inflicted on the victim due to bombs, and the structure installed on the road was carried out by booming, and therefore, it cannot be deemed that the instant disposition was unlawful since there was no ground for disposition. 2) Even if the Plaintiff escaped without performing relief measures and duty to report, considering all circumstances such as the background of the instant accident, etc., taking into account the following circumstances, the instant disposition was unlawful by abusing discretion.

B. In addition to the overall purport of each of the evidence stated prior to the determination of the absence of the grounds for disposition 1, the part that caused the instant accident by negligence in the course of business that caused the Plaintiff’s violation of the signal and requires approximately two weeks of medical treatment to C.

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