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(영문) 서울고등법원 2020.11.19.선고 2020누50890 판결

자동차운전면허취소처분취소

Cases

2020Nu50890 Revocation of revocation of driver's license

Plaintiff Appellant

A

Defendant Elives

The Commissioner of Seoul Local Police Agency

The first instance judgment

Seoul Administrative Court Decision 2020Gudan54633 decided July 8, 2020

Conclusion of Pleadings

November 5, 2020

Imposition of Judgment

November 19, 2020

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance shall be revoked. On November 25, 2019, the revocation of the driver's license (class I common and class II common) against the Plaintiff shall be revoked.

Reasons

1. Quotation of the first instance judgment

The reasons for the judgment of this court are as follows: "The prosecutor appealed against the objection and is pending in the appellate trial by the prosecutor" in the following four and three parallels of the judgment of the court of first instance [the court of first instance reversed the judgment of the court of first instance on September 28, 2020 and sentenced a fine of five million won (Seoul Western District Court 2020545) (the Seoul Western District Court 2020Do14208), and the plaintiff appealed against it and then is currently pending pending pending in the court of first instance (the Supreme Court 2020Do14208)]. Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit.

Judges

The presiding judge or higher judge;

Judge Lee Young-young

Judges, white leaves

심급 사건
-서울행정법원 2020.7.8.선고 2020구단54633