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(영문) 서울행정법원 2016.04.01 2016구단51019
자동차운전면허취소처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On July 11, 2015, at around 08:10 on July 11, 2015, the Plaintiff driven a D-to-purd vehicle on the front side of Dongjak-gu Seoul Metropolitan Government, and caused an accident in which the part of the victim E (10 years old) who walked along the right side of the above vehicle was able to be the front side of the right side of the above vehicle, and thereby, the victim suffered a side of the part of the elbow behind the left side where approximately one week treatment is required.

B. On August 25, 2015, the Defendant issued a disposition revoking the Plaintiff’s Class 1 ordinary driving license as of September 19, 2015 (hereinafter “instant disposition”) pursuant to Article 93(1)6 of the Road Traffic Act on the ground that the Plaintiff escaped without taking necessary measures, such as aiding and abetting the victim, even after having injured the victim due to the instant accident, etc.

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on September 21, 2015, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on October 28, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 2, 3, 6 through 10, and the purport of the whole pleadings

2. According to the records of evidence Nos. 7 and 11 and 12 ex officio as to the legitimacy of the instant lawsuit, the Plaintiff was subject to a disposition of suspending prosecution on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Prosecutors' Office on December 29, 2015. According to the disposition of suspending indictment, the Defendant cancelled the Plaintiff’s disqualified period on February 12, 2016, and the Plaintiff can recognize the new acquisition of the Plaintiff’s ordinary driving license on February 23, 2016. The infringement of the Plaintiff’s legal interest arising from the cancellation of the Plaintiff’s previous Class 1 ordinary driving license on February 23, 2016 was immediately resolved by the Plaintiff’s acquisition of the first class ordinary driving license.

I would like to say.

In addition, the Road Traffic Act and the Enforcement Decree of the same Act can be comprehensively considered.

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