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(영문) 서울고등법원 2018.11.22 2018누63107
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

The court's explanation about this case is identical to the part concerning the reasoning of the judgment of the court of first instance, in addition to the part concerning which appeal is made under Paragraph (2) below, and thus, it is citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(A) The grounds alleged by the Plaintiff while filing an appeal are not significantly different from the allegations in the first instance court, and even if all evidence submitted by the first instance court and this court are examined, the first instance court’s determination dismissing the Plaintiff’s assertion by deeming the instant disposition lawful is justifiable). In the part to be used by the Plaintiff, the “All circumstances” of the second instance judgment, i.e., “all circumstances”, i., motive, place, and distance of operation, etc., as stated in the second instance judgment.

No. 3 of the first instance judgment, "Evidence 5 through 10 of the A" of the 18th judgment shall be applied to "Evidence 5 through No. 15 of the A".

Part IV and Part II of the first instance judgment "The former Enforcement Rule of the Road Traffic Act (amended by Ordinance of the Ministry of Public Administration and Security No. 54, Apr. 25, 2018)" shall be amended to "Enforcement Rule of the former Road Traffic Act (amended by Ordinance of the Ministry of Public Administration and Security No. 76, Sept. 28, 2018)".

In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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