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서울고등법원 2016.12.16 2016누53168
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 grounds alleged by the plaintiff in the trial while filing an appeal for the acceptance of the judgment of the court of first instance are not significantly different from the contents of the plaintiff's assertion in the court of first instance. However, the fact-finding and decision of the court of first instance, even if considering the allegations in the trial

Therefore, the reasoning for the statement of this case is as stated in the reasoning of the judgment of the first instance except for adding "(the plaintiff can obtain a driver's license because the disqualified period expires after January 12, 2017)" to "the 4th and 20th of the judgment of the first instance" in Article 82 (2) of the Road Traffic Act and Article 420 of the Civil Procedure Act. Thus, it is cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. As such, the conclusion of the first instance judgment dismissing the Plaintiff’s claim is justifiable, and the Plaintiff’s appeal is dismissed as it is without merit. It is so decided as per Disposition.