1. Revocation of the first instance judgment.

2. Class 1 and Class 1 of the driver’s license for the Plaintiff on April 24, 2018.

On February 23, 2018, at around 20:10, the Plaintiff, while driving an urban bus on the front road in Jinjin-gu, Seoul Special Metropolitan City (hereinafter “the instant accident site”) on February 23, 2018, carried the vehicle in the same direction or parked on the side, and thereby, 20 victims suffered injury.

(hereinafter “instant traffic accident.” The Defendant determined the cause of the instant traffic accident as “violation of the Plaintiff’s duty of safe driving,” and issued the Plaintiff a total of 130 points [10 points (10 points (2 points and 15 points and 18 points and 5 points)] in connection with the instant traffic accident. On April 24, 2018, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (1 type large, 1 common type) on the ground that the Plaintiff’s total sum point exceeds 121 points (2 points and 18 points and 5 points).

[Ground of recognition] Evidence A Nos. 1-1, 2, Eul Nos. 1, 2, 5 through 8, 11, and 12, and the purport of the entire argument of the present case is legitimate. The traffic accident of this case by the plaintiff is not caused by the plaintiff's violation of the duty of safe driving, since the traffic accident of this case occurred due to the defects in the operation of the bus operated by the plaintiff.

Therefore, the instant disposition imposing 130 points to the Plaintiff on the ground of violating the Plaintiff’s duty of safe driving, and revoking the Plaintiff’s driver’s license is unfair, and furthermore, the instant disposition is excessively harsh because it exceeds the bounds of discretion.

Inasmuch as the head of the Dong of the city bus operated by the Plaintiff operated normally, and there are no circumstances to regard the so-called “emergency acceleration” accident at the time of the instant traffic accident, it is reasonable to deem that the instant traffic accident occurred by the Plaintiff as being carried out an accelerator pedal to reduce the speed while driving the city bus.

The plaintiff's failure to perform his duty of safe driving.