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(영문) 서울행정법원 2015.11.06 2015구단9479
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 April 13, 2015, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license (class 1 large and class 1 common) as of May 12, 2015, on the ground that the Plaintiff, around 05:55 on February 15, 2015, while driving a one-lane 360-ro Do-ro, Gangdong-gu, Gangdong-gu, Seoul, for a traffic accident (hereinafter “instant accident”) causing people to be injured and did not perform the rescue measures and duty to report.

B. On July 15, 2015, the Plaintiff filed an administrative appeal against the instant disposition, but was dismissed on August 21, 2015.

[Ground of recognition] The descriptions of Gap evidence 1 to 3, 12, 13, 14, Eul evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that he was issued a driver’s license to the instant case and had been driving on an exemplary basis without the history of traffic accident until the instant accident occurred. On the instant accident, the Defendant’s disposition was unlawful as it excessively harsh to the Plaintiff and abused discretionary power to the Plaintiff, in light of all the circumstances, including the following: (a) the Plaintiff, while serving as a bus driver, supported four families, including the Plaintiff and his parents with physical disability who are in a three parent state; (b) the Plaintiff purchased a comprehensive insurance policy to cause a personal accident; (c) there was minor damage and agreed with the victim D; and (d) the Plaintiff made a deposit for the victim E, and thus, the Defendant’s disposition of this case was unlawful since it excessively harshed to the Plaintiff and abused discretionary power.

B. (1) Determinations have exceeded the scope of discretion by social norms.

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