logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2019.06.19 2019누10526
자동차운전면허취소처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the judgment of the court of first instance except for the case as stated in Paragraph (2). Thus, it is acceptable to accept this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a) 5 pages 2 and 5 of the judgment of the court of first instance shall be composed of “one severe person” with “two higher persons”;

(b) Forms 4, 7 and 18 of the first instance judgment shall be followed by the following:

1) First, Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act of the instant traffic accident

3.2

(1) We examine whether it can be seen as a “motor vehicle accident involving a person with a motor vehicle, etc.” to which paragraph (2) 2 applies.

The penalty points that are one of administrative disposition standards for driver's license under the Road Traffic Act refers to the points allocated according to the severity of the violation or the degree of damage, etc. of the violation of the Act or the cause of the accident in order to be used as basic data for the revocation and suspension of driver's license.

1.(a)

(1) Article 20-2 of the Regulations on the Investigation of Traffic Accidents (amended by the National Police Agency Directive No. 860, No. 860, No. 20-2) provides that the calculation of these penalty points or the disposition standards therefor shall be based on discretionary standards for internal administrative affairs of administrative agencies. However, where there are two or less vehicles involved in traffic accidents and there are only one act causing traffic accidents, one accident shall be dealt with, and where there are three or more vehicles involved in traffic accidents, one accident shall be dealt with, and other matters shall be dealt with only on a case-by-case basis.

In addition, Article 20-3 of the Rules classify the types of traffic accidents into vehicle lending accidents, vehicle-to-car accidents, vehicle-to-car accidents, etc.

According to the purport of the relevant laws and regulations, the administrative agency is responsible for a single traffic accident.

arrow