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(영문) 의정부지방법원 2020.10.26 2019구단260
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On August 3, 2005, the Plaintiff is under the influence of alcohol with a blood alcohol level of 0.206% under the influence of alcohol.

On September 14, 2005, the driver's license (class I common, class I large, and class II small) possessed on September 14, 2005 was revoked. On October 30, 2006, the driver's license (class I large) was acquired on October 30, 2006.

B. On February 21, 2019, around 06:00, the Plaintiff: (a) driven a knex knife on the road in front of the building in Namyang-si; (b) faced with approximately 51 to 60km/h (hereinafter referred to as “victims”) the rear part of the New Airport bus (hereinafter referred to as “victims”) which was in the atmosphere signaling (hereinafter “the instant accident”); and (c) as a result, the Plaintiff went away from the scene without any measure to inflict an injury on the driver of the damaged vehicle (D students; hereinafter referred to as “victims”); (d) inflict an injury on the damaged vehicle in need of approximately two weeks of medical treatment; and (d) inflict an injury on the damaged vehicle at KRW 2,134,038 of its repair cost.

The victim made a statement at the investigative agency that “a vehicle was tightly shocked in front, and the vehicle was pushed down in the future, and the vehicle was currently under hospital treatment, (the plaintiff) was coming from the vehicle (the plaintiff), and she went away from the vehicle, and (the plaintiff was fluently smelled to the plaintiff) was smelled.”

C. On May 30, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground that: (a) caused the instant accident and left the site without any relief measures; and (b) left the site without reporting it.

(Disqualified Period from June 11, 2019 to June 10, 2023; hereinafter “instant disposition”). D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on June 5, 2019, but filed an administrative appeal with the Central Administrative Appeals Commission.

7. The dismissal was 16.

E. Meanwhile, with respect to the instant accident, the Plaintiff filed an application for formal trial with the District Court 2019 High Court Decision 2019 High Court Decision 1091, but was convicted on August 20, 2020.

[Identification Evidence: Evidence Nos. 1 through 4, 6, 7, 8, and evidence No. 1 through 12]

2. Whether the instant disposition is lawful

A. The plaintiff's assertion.

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