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(영문) 대구지방법원 2019.05.31 2018구단10366
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 November 24, 2017, the Defendant: (a) on November 24, 2017, the Plaintiff driven D vehicles on the road front of the gas station located in Yongcheon-si, Youngcheon-si (hereinafter “instant accident”); (b) on November 11:10, 2017, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class II ordinary) as of December 23, 2017, on the ground that the Plaintiff caused a traffic accident (hereinafter “instant disposition”) involving the victim’s bicycle rear wheels crossinging the crosswalk with the right lower part of the said vehicle, resulting in the said victim’s occurrence of an accident (hereinafter “instant accident”); and (c) the Defendant did not perform on-site relief measures and duty to report (hereinafter “instant disposition”).

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on January 26, 20187.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) The plaintiff's argument that the accident in this case occurred is so minor that it could not be evaluated as an injury and naturally cured without any special treatment. The plaintiff's basic relief measures such as the circumstance or content of the accident, the injury part and degree of the victim, the plaintiff's stop after the accident and the confirmation of the victim's condition, etc. In full view of the following facts: (a) it is deemed that there was no need to take relief measures under Article 54 (1) of the Road Traffic Act at the time. Therefore, even though the plaintiff's escape without performing his duty to take relief measures on the ground that the plaintiff did not report the accident at the time or not proceed with the contact information, the disposition in this case was unlawful, notwithstanding the fact that the plaintiff failed to perform his duty to take relief measures on the other premise, the plaintiff did not violate traffic regulations or paid a traffic accident after having acquired his driver's license on March 9, 198; and (b

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