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(영문) 서울고등법원 2019.04.17 2018누65097
자동차운전면허취소처분취소
Text

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 cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for the following additional parts, thereby citing it pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

“Judgment” at the third bottom of the judgment of the first instance and eight (8) shall be added to “see, e.g., Supreme Court Decision 2017Du5949, Jan. 17, 2019.”

Then, “On the 3rd bottom of the first instance judgment,” “On the 3rd bottom of the first instance judgment, it can be sufficiently recognized that a driver lacks compliance spirit or safety awareness with respect to traffic regulations, regardless of the period between drinking driving and the specific behavior mode of drinking driving or the manner of drinking driving (see, e.g., Constitutional Court Order 2005Hun-Ba91, May 25, 2006; Constitutional Court Order 2013Hun-Ba197, Feb. 17, 2014).”

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

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