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(영문) 부산지방법원 2015.07.08 2015구단428
운전면허취소처분취소
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. On November 26, 2014, the Defendant issued the instant disposition to revoke the Plaintiff’s Class 1 ordinary driver’s license as of December 13, 2014, on the ground that “The Plaintiff was driving B vehicles on the front road of the Elderly Welfare Center located in Ulsan-gu, Ulsan-gu, Incheon-do, on October 16, 2014, and did not perform on-site relief measures or duty to report despite the fact that the Plaintiff failed to perform on-site traffic accidents with two ordinary persons.”

B. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on June 9, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 to 4 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff did not neglect to take relief measures, such as asking the driver of the damaged vehicle caused by the vehicle after the accident to report the situation of damage to the driver of the vehicle and requesting him to leave the company's staff, etc. The plaintiff is in charge of production duties in the company, but he is in charge of the production duties in the company, and he must drive in order to select the tallying line. The plaintiff suffered difficulties from the disposition in this case, the victims of the accident in this case, and when the disposition in this case is maintained, he is deprived of the opportunity to obtain a driver's license again for four years in the future. The disposition in this case is unlawful because the plaintiff abused its

B. Although the revocation of a driver's license on the ground of an administrative agency's violation of its duty of discretion such as rescue and relief after killing or injuring a person due to a traffic accident, today's vehicle is a mass means of transportation, and accordingly, a large amount of driver's license is issued, and the trend and result of the increase of traffic accidents caused by drinking driving is common and the need for public interest to prevent traffic accidents caused by drinking driving is very large.

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