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(영문) 서울고등법원 2019.01.30 2018누65912
운행정지처분 취소
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 grounds for the court’s explanation concerning the instant case, such as the quoted of the judgment of the first instance, are as stated in the reasoning of the judgment of the first instance, except for the modification of the corresponding part of the judgment of the first instance 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 420 of the Civil Procedure Act.

2. As to the right side of the 8 line “..........” under the 6 pages of the modified part, the interpretation as referred to in the above paragraph (a) is merely a combined interpretation that takes into account the purpose of the system within the scope of the statutory text, and it is difficult to view it as an analogical interpretation beyond the ordinary scope of the text.

In addition, “Along with the reduction of the 11th six parallels,” even if the Plaintiff does not enjoy convenience in using personal vehicles in moving for the purpose of its business, etc. due to the instant disposition, considering the fact that the Plaintiff does not have a means of transportation as a means of livelihood, that it is possible to move by using public transportation, etc. to carry out △△ affairs, and that the period of suspension of operation prescribed by the instant disposition is too prolonged, it is difficult to deem that the instant disposition may cause a significant trouble to the Plaintiff’s livelihood.

"in addition".

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

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

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