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(영문) 수원지방법원 2018.05.23 2018구단542
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. The plaintiff is driving a motorcycle without a driver's license on June 30, 2002.

On October 26, 2010, Class I ordinary driver's license (B) was acquired on October 26, 2010, and around 14:40 on August 7, 2017, it violated the signal at the front crosswalk at the entrance of the 110 single flood apartment and driving C 110c motor bicycles.

In accordance with normal signals, the victim's knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-k

B. On September 18, 2017, the Defendant rendered a disposition to revoke the driver’s license as of October 10, 2017, by applying Article 93(1)6 of the Road Traffic Act, on the ground that the Plaintiff did not take necessary relief measures after a traffic accident as stated in the preceding paragraph (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on January 9, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion was deceased when 25 years of age, the Plaintiff was able to live in the middle-water room away from his father’s and maintained his livelihood through the delivery of Chinese restaurant, and the Plaintiff’s present driver’s license was revoked, and is against the escape after the traffic accident, and the agreement is reached with the victim, the instant disposition is in violation of discretionary authority and abuse.

B. The judgment is examined: ① A motor vehicle has frequently caused a traffic accident as a motor vehicle becomes a mass means of transportation, and there are many serious consequences, so the driver who caused the accident has died or died of the person first.

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