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(영문) 대구지방법원 2014.12.05 2014구단2015
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 22, 2014, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license as of February 23, 2014, on the ground that: (a) on December 26, 2013, the Plaintiff, while driving a rocketing car on the Plaintiff’s day before and after the Daegu-gu Seo-gu Seoul District Office C (hereinafter “instant accident”); (b) shocked the damaged vehicle that was in front of the traffic signal atmosphere on the road in front of the Daegu-gu Seo-gu Seoul District; and (c) was inflicted an injury upon the driver of the damaged vehicle for about two weeks in need of medical treatment; and (d) immediately stopped the vehicle and escaped without taking measures such as providing relief to the victim.

[Ground of recognition] The fact that there is no dispute, Gap evidence 2, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-1, the purport of whole pleadings

2. Whether the instant disposition is lawful

A. Although the Plaintiff asserted that the Plaintiff did not take proper measures after the instant accident and left the site, in light of the fact that the Plaintiff agreed with the victim, that it would be difficult for the Plaintiff to live in the future when the driver’s license was revoked to engage in the transport business, that the Plaintiff’s age was lower, and that there was no same kind of power, etc., the instant disposition is excessive disadvantages suffered by the Plaintiff compared to the needs of the public interest, and thus, it is unlawful as it exceeds the discretionary authority.

B. The following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the pleadings in each of the evidence and evidence set forth in the above evidence and evidence set forth in Nos. 3 and 7 (including paper numbers), namely, ① since a motor vehicle accident frequently occurs as it becomes a mass means of transportation today and there are many significant cases in the consequences, the driver who caused the accident is given priority to ask the driver who caused the accident to check whether he/she was killed or injured by intention or negligence, and accordingly, there is a need for public interest to implement appropriate relief measures.

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