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(영문) 부산지방법원 2015.07.15 2014구단2137
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. On May 28, 2014, the Plaintiff was given 100 points to the Plaintiff on the ground that he/she driven a vehicle while under the influence of alcohol content of 0.077%.

B. Around 05:00 on June 15, 2014, the Plaintiff driven a B car with a B carren and proceeded in front of the D parking lot located in Seo-gu Busan, Seo-gu, Busan, and caused a physical traffic accident (hereinafter “instant traffic accident”) by taking containers of an amount equivalent to KRW 2,00,000 at the market price used as the parking lot office as the front part of the said car’s parking lot office, and went away from the site.

C. Accordingly, on July 9, 2014, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license [one-class, one-class, one-class, one-class, and one-class special (one-class special)] as of July 25, 2014 by applying Article 93(2) of the Road Traffic Act, on the ground that the Plaintiff’s accumulated score for one year (125 points for a violation of the duty of safe driving 100 points for driving, 15 points for a 100 driver’s license) falls under at least 121 points for the revocation of the license.

The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed on October 28, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2 and 5 (including additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff immediately lowered the instant vehicle to Dongman E at the time of the instant traffic accident, and again returned to the scene of the accident after eating at the nearby restaurant with F’s consent. As such, the Plaintiff cannot be deemed to have had no intention to escape and did not take measures after causing physical damage, the instant disposition on a different premise is unlawful. 2) The Plaintiff did not cause a traffic accident for 14 years after obtaining the driver’s license, and violated traffic regulations six times, and the instant traffic accident is the said vehicle.

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