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(영문) 부산지방법원 2015.05.20 2014구단2038
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 July 23, 1996, the Plaintiff acquired a Class 2 ordinary driver’s license.

B. On November 25, 2014, the Defendant issued the instant disposition to revoke the Plaintiff’s above driver’s license as of November 26, 2014 on the ground that, around September 20, 2014, the Plaintiff’s driving of Drocketing car on the front of a kindergarten located in Busan Jin-gu, Busan (hereinafter “instant accident”) caused a traffic accident of one person on the upper part of the Plaintiff, and did not perform on-site relief measures and duty to report.

C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed on April 7, 2015.

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

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) On the day of the instant accident where there is no ground for disposition, E, a driver of Orba on the day of the instant accident, only driven away from the Plaintiff’s vehicle to stop, without contact with the Plaintiff’s vehicle. Even if the Plaintiff suffered injury due to the departure of the Plaintiff’s vehicle, the Plaintiff was unable to properly recognize the fact of the instant accident at the time of the instant accident. Therefore, it cannot be deemed that the Plaintiff was liable to take relief measures against E, and the Plaintiff did not have the intent to escape at the time of the instant accident, and thus, the instant disposition was unlawful. 2) Considering all the circumstances, including the fact that the Plaintiff had an intention to escape at the time of the instant accident, and the background and degree of damage, the instant disposition is an unlawful disposition that deviates from or abused from discretion, and is too harsh than the public interest to achieve the instant disposition.

B. Whether there exists a ground for one disposition or not, the Road Traffic Act, Article 93 (1) 6 of the Road Traffic Act, after killing or injuring a person as a traffic accident.

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