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(영문) 광주고등법원 (전주) 2017.03.20 2016누1849
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 court’s explanation concerning this case is as follows: (a) the part as set forth in the first instance judgment is added to the part as set forth in paragraph (2) below; and (b) the part as set forth in paragraph (3) below is the same as the reasoning of the first instance judgment, except where the part as set forth in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act are subsequently cited.

2. The addition;

A. On the ground of recognition of the first instance judgment No. 10, “A evidence No. 10” is added to the part on which the first instance judgment No. 3 was admitted.

B. Following the 5th sentence of the first instance judgment, following the 5th sentence of the first instance judgment, “A evidence Nos. 7 through 9 against this is inconsistent with the statements made by H and E at an investigation agency or the first instance court of the relevant criminal case, and thus, it is difficult to believe.”

3. Parts to be dried;

A. Part II, No. 6 and 7 of the judgment of the court of first instance, i.e., 'B' inevitably 'B', 'B', ii, i.e., 'Class I', ii, i.e., 'B'.

B. The reasoning of the judgment of the court of first instance is as follows: “The plaintiff was issued a summary order of KRW 6 million at the Jeonju District Court on January 4, 2016 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) on the ground that he/she escaped after the instant accident occurred. The plaintiff requested a formal trial but was sentenced to a fine of KRW 6 million on June 14, 2016 in the Jeonju District Court Decision 2016No815, the appellate court (the appellate court) rendered a judgment dismissing the appeal on November 10, 2016, and the Supreme Court Decision 2016Do19696, the appellate court (the appellate court) rendered a final judgment dismissing the appeal on January 24, 2017 and became final and conclusive.”

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

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