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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 27, 2018, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 large and class 1 ordinary) as of July 20, 2018 pursuant to Article 93(1)6 of the Road Traffic Act (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff, while driving a B vehicle around 09:40 on May 13, 2018, caused two casualties (hereinafter “instant accident”) and did not perform on-site relief measures or duty to report.”
B. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed on July 27, 2018.
【In the absence of dispute, the Plaintiff did not recognize the existence of the Plaintiff’s grounds for disposition of the instant case as to whether the instant disposition was lawful or not, as it did not know of the existence of the Plaintiff’s grounds for disposition (at the time of the instant accident, the instant truck was flicked, and did not feel any shock), and there was no intention of escape.
In addition, since the victims have not damaged the completeness of the body or caused physical handicap due to the accident of this case, it cannot be seen as falling under the "when a person is killed or injured due to a traffic accident" under Article 93 (1) 6 of the Road Traffic Act.
Therefore, there is no ground for the instant disposition.
Considering that the occurrence of the instant accident was not known as a deviation from or abuse of discretionary power, the driver’s license is necessary to maintain a livelihood, the damage caused by the instant accident is minor, the victims have compensated for all repair expenses, and the victims do not want the Plaintiff’s punishment, etc., the instant disposition is unlawful by abusing or abusing discretionary authority, since it is much more unfavorable for the Plaintiff due to the instant disposition than the need for public interest to achieve the instant disposition.
It shall be as shown in the attached Form of the relevant statutes.
Judgment
On May 2018, the Plaintiff recognized the existence of the grounds for disposition.