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(영문) 제주지방법원 2020.06.16 2019구합5957
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 3, 2007, the Plaintiff acquired a Class 1 driver’s license for large vehicles.

On April 13, 2019, the Plaintiff was trying to drive a B K5 corporation taxi from 117 Sama to Mama-ro, 10:30 on April 13, 2019, and was trying to turn back to the north side of the bank. On the pedestrian signal, the Plaintiff knee, knee, knee, knee, knee, knee, knee, knee, knee, and knee, knee, knee, knee, knee, etc., requiring treatment for about one week to the victim.

(hereinafter referred to as “accident.” The Plaintiff was stopped immediately after the accident, and thus, did not rescue the victim, provide personal information to the victim, or report to the police.

On April 26, 2019, the Defendant issued the instant disposition to the Plaintiff pursuant to Article 93(1)6 of the Road Traffic Act on the ground that “the Plaintiff caused an accident while driving a motor vehicle and causing the accident to cause the injury to people, and failed to perform the duty to take relief measures, personal information provision, and duty to report.”

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on May 22, 2019, but was dismissed on June 27, 2019.

The Plaintiff was indicted with the Jeju District Court on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) with the same content as the instant disposition, and was sentenced to a judgment of conviction (2019DaMa452) on February 14, 2020, which was sentenced to a fine of KRW 7 million, and the said judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 10 evidence, Eul evidence 2 through 5, 8 through 13 (including each number), the purport of the whole pleadings

2. The degree of damage suffered by the victim due to the accident of the plaintiff's assertion was very minor, and the victim left the scene immediately after the accident. At the time of the accident, the plaintiff was in a situation where the passengers should get out of the nearby destination at the time of the accident, and returned to the accident scene for about one minute. The above passengers are aware of the accident.

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