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(영문) 부산지방법원 2016.06.29 2015구단21692
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 October 6, 2015, the Plaintiff driven a dump truck around 13:3 B, and proceeded along the two-lanes from the lower end of the Jink Tri Road located in Gangseo-gu Busan Metropolitan City to the lower end of the four-lane road, while changing the three-lanes to the lower end of the four-lane road, resulting in a traffic accident (hereinafter “instant accident”).

B. On November 30, 2015, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (Class 1, Class 1, and Class 2) on the ground that the Plaintiff did not perform the on-site relief measures and duty to report despite causing the instant accident (hereinafter “instant disposition”).

C. On December 9, 2015, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but was dismissed on January 5, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5 (including additional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is supporting a family by driving dump trucks. Considering the various circumstances, such as the fact that the instant disposition is maintained that the livelihood of the Plaintiff and his family members causes enormous harm, and that the instant disposition is being taken a leave of absence after the instant accident, the instant disposition is an excessively harsh disposition against the Plaintiff, and is unlawful by abusing discretion.

B. The importance of establishing a sound and reasonable traffic order is growing in the modern society where a motor vehicle has become a public and universal means of transportation, and the rate of accidents caused by the increase of traffic volume and traffic offense has increased due to the increase in traffic volume, etc., and there are many cases where the results are significant, therefore, it is appropriate to check whether the driver involved in the accident has died or died of the victim.

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