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(영문) 서울행정법원 2020.11.25 2020구단14598
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

On April 2, 2020, the Plaintiff, at around 00:30, driven a C-A-Wnt Transport Vehicle on the front side of Gangnam-gu Seoul, and proceeded in two lanes among three-lane roads, and was faced with the right side part of the victim's Dop taxi operated in the first lane (hereinafter "the instant traffic accident") as part of the left-hand part of the said A-Wn-Wn-Wn, and escaped without taking measures such as aiding the victims, even though the victims, who are the passengers of the victim D and the above taxi, suffered an injury necessary for medical treatment for about two weeks, as it was, even though they did not take measures such as aiding the victims.

On May 15, 2020, the Defendant revoked a driver’s license (Class II ordinary) on the ground that “A driver’s license (Class II ordinary) was revoked by the Plaintiff on the ground that “A driver was unable to take necessary measures, such as aiding and abetting the victim while driving the instant motor vehicle due to the instant traffic accident while driving

(hereinafter “instant disposition”). On July 2, 2020, the Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on August 11, 2020.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 1 through 12, and the purport of the whole pleadings, as to the legitimacy of the disposition of this case, and the plaintiff's damage to the plaintiff's assertion is not caused to be injured. Thus, the disposition

Taking into account all circumstances, such as the minor injury of the victims, the agreement with the victims, the traffic accident, the drinking driving power of the Plaintiff, the Plaintiff’s vehicle driver’s license is essential for the Plaintiff’s business as a business employee, and the driving becomes an important means to maintain his family’s livelihood for business activities and on-site relocation, etc., and the instant disposition made it difficult to maintain his livelihood due to the instant disposition, the instant disposition is unlawful because it exceeds the scope

Judgment

First of all, judgment on the non-existence of disposition is given.

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