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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On December 28, 2016, the Defendant rendered the instant disposition to revoke the Plaintiff’s first-class and second-class ordinary driving license, on the ground that, around November 26, 2016, the Plaintiff was unable to perform on-site relief measures or duty to report, while driving a C vehicle on the front side of the Seo-gu Busan apartment on November 26, 2016 (hereinafter “instant accident”).
【Uncontentious facts, Gap evidence 1, Eul evidence 1, Eul evidence 2 (including additional evidence, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) In light of the following: (a) at the time of the instant disposition by driving a vehicle at the three-distance intersection, the Plaintiff was erroneous for the Defendant to take the instant disposition based on the victim’s unilateral statement, even though the Plaintiff could not see the victim getting a bicycle on the left-hand side due to the garbage loaded at the said intersection and the large-scale parked vehicle; (b) in light of the circumstances where the instant disposition was rendered based on the victim’s unilateral statement, the circumstances leading up to the instant accident; (c) the Plaintiff’s duty and life are essential; (d) there was no other accident after acquiring the driver’s license; and (e) there was an agreement with the victim, the instant disposition constitutes abuse of discretionary power
B. The following circumstances, i.e., the evidence revealed prior to the Plaintiff’s failure to perform relief measures or duty to report after the traffic accident, and the evidence Nos. 4, 3, and 4, comprehensively considering the overall purport of the pleadings, namely, ① a little new wall at the time, and the location where the instant accident occurred is a three-distance intersection where traffic is not controlled, and the Plaintiff has a duty of care to verify and drive a vehicle by temporarily stopping before entering the intersection.