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(영문) 인천지방법원 2018.11.27 2018구단50977
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 12, 2017, the Plaintiff: (a) driven a vehicle C in Bupyeong-gu Incheon Metropolitan Government B from Bupyeong-gu on November 11, 2017; (b) caused a traffic accident involving children aged seven; and (c) did not implement on-site relief measures, etc.

B. Accordingly, on January 26, 2018, the Defendant rendered a disposition to revoke a driver’s license (class I, class II, and class II) for the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion caused the accident in this case, and after examining the condition of the victim, the victim's mother left over 10 minutes of the accident site, but immediately re-exploded the accident site, and the police officer in charge of managing the accident site was allowed to voluntarily submit the black image and become final and conclusive as the perpetrator while talking that there was a black stuff image. If this circumstance exists, the plaintiff constitutes "a person who voluntarily filed a report within 3 hours" as provided in subparagraph 3 (2) of the Enforcement Rule of the Road Traffic Act [Attachment 28] of the Road Traffic Act, and thus, 30 points should be imposed. Thus, the disposition in this case is unlawful.

It is not so.

Even if the Plaintiff agreed with the victim, and was punished by a relatively low fine of five million won, and considering the fact that the driver’s license is essential as an employee of D Co., Ltd., the instant disposition exceeded the scope of discretion or abused discretion.

B. Comprehensively taking account of the descriptions of Gap evidence Nos. 2, Eul evidence No. 5, Eul evidence No. 6, 13, and 14 as to whether a voluntary report constitutes a voluntary report, the plaintiff was only the victim’s mother immediately after the accident took place in the interrogation of the suspect on December 13, 2017.

However, as set forth in subparagraph (j).

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