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(영문) 서울고등법원 (춘천) 2018.06.20 2018누130

담배소매인지정불가처분취소

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the modification or addition of some of the judgment of the court of first instance as follows. Thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act, and the main text of Article 420 of the

The fifth decision of the first instance court is amended to the "court of the first instance". The fifth decision of the first instance is amended to the "court of the first instance."

The following shall be added to the 8th sentence of the judgment of the first instance.

On the other hand, the defendant argues that the above provisions concerning the above crosswalk are not applicable since general pedestrians can easily cross the crosswalk without using the crosswalk in consideration of the location of the business office of this case and the Dmake, surrounding road conditions, location of the crosswalk, etc., in the case of the business office abutting on the road. However, the above provisions do not require that the crosswalk should be within 30 meters from both of the two business offices. According to the result of the court's inquiry into the Korean Tobacco Seller's Federation, among the local governments of Gangwon-do, the above provisions provide that "if the crosswalk exists within a certain distance, the crosswalk is measured according to the crosswalk." In the case of a local government that provides that "the distance is measured according to the crosswalk, if one of the two business offices exists within the specified distance, it appears that the crosswalk is measured according to the crosswalk, and that the above provisions are measured according to the crosswalk 4's image, but it is recognized that the above distance is restricted to 30 meters from the road.