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(영문) 수원지방법원 2016.04.27 2015구단33893
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. At around 02:10 on August 14, 2015, the Plaintiff, while driving a bexton car from the eroke distance in the injection of the power line at Suwon city, in violation of the signal, went back to the left while making a traffic accident (one third-lane diagnosis and one second-lane diagnosis) leading directly to the two-lanes, but failed to immediately stop the vehicle and take necessary measures, such as aiding the victims.

B. On September 2, 2015, the Defendant: (a) applied Article 93(1)6 of the Road Traffic Act to the Plaintiff on the ground of the foregoing drunk driving; and (b) revoked the Plaintiff’s first-class ordinary driver’s license (license number: C) on October 5, 2015.

C. The Plaintiff was prosecuted for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) due to the foregoing accident, and was sentenced to a fine of KRW 5,000,000 at the first trial on January 14, 2016, and the said judgment became final

[Ground of recognition] No dispute, entry of evidence Nos. 4 through 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was unable to return to the scene of the accident due to the threat, etc. of rash vehicles at the time of the accident. In light of various circumstances, the Plaintiff was covered by a comprehensive insurance, agreed upon with the victims, and the Plaintiff has no choice but to engage in a simple labor for driving, etc. in the current unemployment status, the instant disposition constitutes an abuse of discretion by too harsh discretion by the Plaintiff.

B. In the modern society where one motor vehicle has become a public and universal means of transportation, the importance of establishing sound and reasonable traffic order is growing, and traffic volume increase and traffic law.

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