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(영문) 서울고등법원 2018.05.10 2018누34543
자동차운전면허취소처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance except for dismissal or addition of some contents as follows. Thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

In addition, the second part of the second part of the judgment of the court of first instance refers to " February 28, 2017" as " February 18, 2017," and refer to the evidence 4 through 8, 10, and 11 (refer to "the violation column, the date and time column, etc. of the accident" in the column, etc. of the second part of the judgment of the court of first instance. The following is added to the second part of the judgment of the court of second instance, the second part of the judgment of the court of first instance, 9:

2. The Defendant’s prior defense on the merits of the instant disposition: (a) the disqualified period of driver’s license due to the instant disposition was terminated on April 1, 2018, and the Plaintiff newly acquired a driver’s license (Class 1 special motor vehicle) on April 9, 2018; and (b) the Plaintiff has no interest in filing a lawsuit against the instant disposition. The effect of the instant disposition has ceased to exist due to the lapse of the sanction period prescribed by the relevant disposition; (c) however, the relevant administrative disposition in accordance with the disposition standards set out in the form of the Enforcement Rule (hereinafter “prior disposition”).

(1) If a person receives an increase or a premise, such a person shall be deemed to be subject to a future punitive administrative disposition (hereinafter referred to as “after action”).

(2) In cases where Article 12(1) of the former Enforcement Decree of the former Enforcement Decree provides that the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree of the former Enforcement Decree, the latter

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