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(영문) 서울고등법원 2017.10.18 2017누52438

운수과징금부과처분취소

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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 judgment of the court of first instance, such as admitting the judgment, is the same as the reasoning of the judgment of the court of first instance, except to supplement or add the judgment as follows 2. 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

2. The supplementary and additional plaintiff asserts that the disposition in this case is unlawful since the plaintiff stops for a period of two minutes, which was the only one-minute period.

Article 2 subparag. 24 of the Road Traffic Act provides that “The parking stand means that a driver waits for passengers, is being loaded with cargo, is placed in a state in which the driver is unable to immediately drive the vehicle because he/she has left the vehicle, or is unable to drive the vehicle due to breakdown or other reasons,” and Article 2 subparag. 25 of the Road Traffic Act provides that “The stopping stand means the state in which the driver stops the vehicle without exceeding five minutes, other than parking.”

Therefore, even if the Plaintiff was stopping a taxi at a point within 10 meters from the stopping place only for 2 minutes, it is reasonable to view that it constitutes “a case where the order of stopping is disturbed at the stopping place” as it interferes with bus stopping, direct departure, etc.

The plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance with the same conclusion is just, and the plaintiff's appeal is dismissed as it is without merit.