(영문) 서울고등법원 2017.02.09 2016누71722

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2017.02.09 2016누71722

자동차운전면허취소처분취소

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 first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) each of the following acts, 2, 13, 14, and 3, 12, 2, 2, 2, 3, 3, 12, 3, 3, 3, 4, 12, 4, 12, 3, 4, 4, 4, 4, 5, 4, 5, 4, 5, 5, 4, 5, 5, 1,

2. The Plaintiff additionally determined that the notice of the disposition of driver's license issued by the police officer in advance of the so-called "100 days of the suspension of driver's license" was marked, and the Plaintiff did not request a blood gathering measurement. Unlike the horses of the enforcement officer, the Plaintiff was subject to the disposition of revocation of driver's license, and the instant disposition was unlawful as it undermines the Plaintiff's trust in the notice of the disposition of the driver's license issued by the enforcement officer.

However, the following circumstances recognized by the purport of Gap evidence 2, Eul evidence 6, and Eul evidence 7 and the entire arguments are as follows: (i) Control Police Officer appears to have notified the plaintiff that blood can be collected if the result of the measurement is unfair; (ii) the plaintiff signed a statement in the Statement of Egyptian to the purport that the plaintiff does not want blood collection; and (iii) the "Suspension" in the title column of the notice of disposition of driver's license and the "Cancellation" are indicated as "B" in the "Cancellation" column of the "Cancellation" in the Statement of Egypt driver's Statement (Revocation, Suspension)"; and (iv) the notice column of license collection in the Statement of Egypt driver's Statement to the plaintiff is indicated as "I will notify the driver's license holder (stop and cancellation)" in the "I will notify the plaintiff that I will be subject to the cancellation" column; and (v) the plaintiff is notified of the above cancellation column in the statement.

In light of the fact that the Plaintiff signed under the phrase “”, the Plaintiff’s blood alcohol concentration is zero.

참조조문

-민사소송법 제420조

-행정소송법 제8조 제2항

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