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(영문) 대구고등법원 2018.03.30 2017누7543

자동차운전면허취소처분취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the judgment of the first instance as follows, and thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff asserts that even in the case of a party trial, the plaintiff did not recognize the occurrence of the traffic accident of this case at the time, and that there is no ground for the disposition of this case since the victim's injury cannot be trusted.

However, even if a civil or administrative trial is not bound by the finding of facts in a criminal trial, the facts that the criminal judgment already finalized on the same factual basis was found guilty are valuable evidence, and thus, the facts against this cannot be acknowledged unless there are special circumstances where it is difficult to adopt a decision of facts in a criminal trial in light of other evidence submitted in a civil or criminal trial.

(See Supreme Court Decision 201Du28240 Decided May 24, 2012 (see, e.g., Supreme Court Decision 2011Du28240, May 24, 201). According to the Plaintiff’s evidence Nos. 6 and this court’s significant facts, it is recognized that the Plaintiff was convicted of having been convicted of both charges of committing a crime, such as: (a) the Plaintiff, resulting in the instant traffic accident, resulting in the Plaintiff’s injury, such as climatic and scopical salt, which requires treatment for about two weeks; (b) immediately stopping the victim and taking necessary measures such as aiding the victim; and (c) having been convicted of all of the charges (Seoul District Court Decision 2017No2531, Feb. 19, 2018; 2018Do3444, Feb. 19, 2018).

Examining these facts in light of the legal principles as seen earlier, the Plaintiff knew of the occurrence of the instant traffic accident at the time, and the victim is treated for approximately two weeks due to the instant traffic accident.