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(영문) 서울고등법원 2018.11.08 2018누51814
자동차운전면허취소처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of some contents as follows. Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The following is added from 3 pages to 2 of the 3th part: “In case where the blood alcohol concentration is measured at the time when the driving is completed at a considerable time from the time when the operation is completed, if it can be deemed that the operation is in the above rise season, the blood alcohol concentration at the time of the operation would be lower than the blood alcohol concentration actually measured.”

The 6th parallel "23:30" shall be changed to 22:30.

4. The 9th page "the highest view time" shall be read as "the first view time".

At the bottom of the 4th 6th 6th 6th 6th 6th , “In the relevant criminal case, the Seoul Northern District Court 2018 High Court 2018 High Court 86 of the Road Traffic Act (Recrimining) found that the blood alcohol level at the time of the Plaintiff’s driving was 0.130%, but it appears to have been based on the Plaintiff’s confession that recognized the crime with the main focus on driving of drinking rather than the specific blood alcohol level. However, in light of the circumstances leading up to the fact-finding, this Court does not necessarily bind the fact-finding.”

5 minutes from the bottom to the 56 minutes "56 minutes".

The "traffic route" of five pages shall be improved to "traffic accident".

At the bottom of 6 pages, the term "sacrat" shall be raised up to 6 - "family".

2. Conclusion, the judgment of the court of first instance is justifiable, and the defendant's appeal is dismissed as it is without merit.

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