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Reasons
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(영문) 대구지방법원 2015.03.13 2014구단11064
자동차운전면허취소처분취소
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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 27, 2014, at the point of the instant accident, at around 19:20, the Plaintiff driven a freight truck (hereinafter “the instant accident vehicle”) and driven a 88-lane road in the Mari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si (hereinafter “the instant accident site”). On April 27, 2014, while driving the said expressway at a speed of 76 km high from the Daegu-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si (hereinafter “the instant accident site”). At the same time, C was driving a DWS-ri-ri-ri-ri-ri vehicle (hereinafter “victimd vehicle”) and caused an accident to see that the damaged vehicle was stopped with rhumd at the point of the said accident (hereinafter “the instant accident”).

B. At the time, C, the driver of the damaged vehicle, escaped on the vehicle immediately after the preceding accident, but E, F, was unable to get out of the damaged vehicle, but the fire occurred on the damaged vehicle immediately after the instant accident, and E and F died.

C. On September 5, 2014, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license as of October 8, 2014 pursuant to Article 93(2) of the Road Traffic Act and Article 91(1) [Attachment Table 28](c)(1) of the Enforcement Rule of the Road Traffic Act on the ground that the Plaintiff’s penalty points due to the instant accident constituted 205 points in total (10 points of death: 10 points of death: 15 points of death):

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4 (including paper numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Since C, who is the driver of the Plaintiff’s 1 damaged vehicle, escaped from the vehicle immediately after the accident occurred, and there was no damage from the accident in this case, the point of points C with respect to the gravity is erroneous, and the net F is found to have died of multiple prolonged damage as a result of the autopsy, it shall be deemed that C had already died of the previous accident.

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