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(영문) 수원지방법원 2013.06.05 2012구단2416
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 December 27, 201, at around 02:00, the Plaintiff driven a high-speed car with B, and turned to the left at the center of the central air station at the time of Ansan-si, and stopped on the three-lanes of the center line at the three-lane speed, and then, during the back, the Plaintiff turned to the right side of the C Operation, which was located at the right side of the said high-speed car, while going back, at the right side of the said high-speed car. At the front side of the said high-speed car, the Plaintiff left C with the above high-speed car, and suffered injuries, such as light-speed, confection, and tension, which require treatment for about three weeks, and did not immediately stop, and did not take necessary measures, such as providing rescue and relief.

B. On March 2, 2012, the Defendant rendered the instant disposition revoking the Plaintiff’s first-class ordinary motor vehicle driver’s license (license number: E) as of March 31, 2012, by applying Article 93(1)6 of the Road Traffic Act (amended by Act No. 11690, Mar. 23, 2013) on the ground that “the Plaintiff did not perform its duty to provide relief and reporting after the traffic accident.”

[Ground of recognition] Evidence A 12, Evidence B 1 through 4, evidence B 6, and evidence B 7

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not recognize the occurrence of a traffic accident at the time of the instant case, and as at the time of the instant case, C had not suffered an injury to the extent of needing medical treatment due to a traffic accident, the Defendant’s disposition of the instant case on a different premise is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. In full view of the following circumstances, the Plaintiff was aware of the occurrence of a traffic accident at the time of the instant case, as well as the fact that the Plaintiff was aware of the occurrence of the traffic accident, in addition to each of the evidence presented prior to the determination 1: (a) Party A’s evidence Nos. 5, 8-1, and 11.

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