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(영문) 춘천지방법원 2018.10.16 2018구합5206
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 November 16, 2017, at around 17:15, the Plaintiff: (a) operated a two-lane exclusive road in the 39-18-lane from the 17:15 B B B franchise (XG); (b) had been driving a two-lane exclusive road in the 39-18-lane from the west-ro, Gyeongcheon-gu, Gyeongcheon-gu, Gyeongcheon-si; (c) had been driving the two-lanes in the 90km road at approximately a speed of approximately 90km; (d) the driving of the above victim C (hereinafter “victim”); (c) had the front side and the left side of the road; (d) had neglected the duty of care to proceed at a safe speed and in a safe manner depending on the road situation; and (d) had the part of the front part of the driver’s driving of the Plaintiff’s vehicle, which caused the injury of the victim and the part necessary for treatment; and (d) had the victim suffered the two-lane and the part necessary.

(hereinafter referred to as “instant traffic accident”). (b)

On December 28, 2017, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (class 1 large, class 1 ordinary, class 1 rescue and salvage vehicles, class 2 ordinary) pursuant to Article 93(1)6 of the Road Traffic Act on the ground that “the Plaintiff did not perform the measure and duty to report despite the occurrence of personal injury through the instant traffic accident.”

(hereinafter referred to as “instant disposition”). C.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on January 15, 2018, but the claim was dismissed on February 6, 2018.

【Fact-finding, Gap’s 1, 2, 5 evidence, Eul’s 1 through 9, 11 evidence (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion (hereinafter referred to as the following) 1 disposition non-existence of grounds for action shall be the hospital with the aid of a vehicle in the accident scene while the plaintiff was suffering from an injury caused by blood transfusion on the eye due to the instant traffic accident, and the stability of the vehicle was withdrawn outside the diversday.

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