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(영문) 창원지방법원 2015.09.22 2015구단10347
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On June 16, 2015, the Defendant rendered a disposition to revoke the Plaintiff’s license for Class I ordinary and Class II ordinary driving licenses (hereinafter “instant disposition”) by applying Article 93(1)6 of the Road Traffic Act on the ground that the Plaintiff caused a traffic accident requiring the Plaintiff to drive a B vehicle on May 27, 2015 (hereinafter “instant traffic accident”) while driving his/her vehicle on May 27, 2015, and did not perform on-site relief measures or duty to report.

B. On June 24, 2015, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but was dismissed on July 24, 2015.

【Ground of recognition】 In light of the fact that there has been no dispute, Gap’s evidence Nos. 1, 2, Eul’s evidence Nos. 1, 5, 7 through 9, and 14, and the purport of the entire pleadings, the Plaintiff’s assertion of legitimacy of the disposition of this case is engaged in one-day work, and thus, the Plaintiff’s allegation of legitimacy of the disposition of this case is essential for the performance of duties such as moving of construction sites and the supply of materials. If the car driver’s license is revoked, it is difficult for his family’s livelihood, and a flag with disability is flading, etc., the disposition of

Judgment

According to the statements in Eul evidence Nos. 5 through 10, it is recognized that the plaintiff got a vehicle driven by the victim during driving at around 22:45 on May 27, 2015, and thereby, the plaintiff suffered injury, such as climatic salt, which requires approximately two weeks of treatment to the victim. A vehicle owned by the victim is damaged by approximately KRW 2,291,928 of repair cost, and even without taking relief or reporting to the victim, it is recognized that the plaintiff left the vehicle without taking relief or reporting to the victim.

Furthermore, if a person who caused a traffic accident runs away without taking measures such as aiding the victim, the injury of the neglected victim may be aggravated or the death may be caused, and the harm is serious.

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