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(영문) 서울행정법원 2019.06.12 2018구단63573
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 May 4, 2017, at around 22:00, the Plaintiff driven BMW 740Li vehicles, and continued to proceed in the direction of Cheongbridge in the Young Bridge as it was 138-ro 12, 138-gil, Gangnam-gu, Seoul, along the five-lane roads on the 6-lanes in Yong-gu, Gangnam-gu.

The plaintiff found that the victim C's vehicle driven by the victim C, which was driven in the same direction due to negligence that neglected and proceeded with the duty of Jeonju City, was driven in the same direction late, and did not avoid the situation, and attempted to conceal the back part of the damaged vehicle to the front part of the driver's vehicle operated by the plaintiff, and due to the shock, the above damaged vehicle was pushed back by the victim E, and the above damaged vehicle was pushed back by the back part of the F highest driver's vehicle driven by the victim E.

The Plaintiff, by such negligence, committed an injury to the victim C, such as dump, tensions, etc., which requires approximately two weeks of medical treatment, sustained injury to the victim E, such as cump dump, tensions and tensions, and suffered injury to the Plaintiff’s passengers and passengers by light cump, tensions, etc. for about two weeks of medical treatment, and escaped without taking necessary measures, such as immediately stopping and providing relief to the victims.

B. The Defendant is the Plaintiff.

On September 6, 2017, on the ground that the Plaintiff did not take necessary measures, such as aiding and abetting the victims of a traffic accident as described in paragraph (1), the Plaintiff rendered a revocation disposition of the driver’s license (Class II ordinary) (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on November 20, 2017, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on March 13, 2018.

On the other hand, the Plaintiff.

As described in paragraph (1), even if the victim suffered an injury due to occupational negligence, the victim does not take necessary measures such as aiding the victim, and the victim runs away as it is, it is about the aggravated punishment of the specific crime.

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