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(영문) 서울고등법원 2020.01.17 2019누56687
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 judgment of the court of first instance, citing the instant case, is the same as that of the judgment of the court of first instance, except for the following parts, and thus, citing it 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.

(The plaintiff did not state the grounds for appeal in the petition of appeal, and did not submit the grounds for appeal or the briefs stating the specific grounds for appeal, and did not appear on the date of the first instance trial. Even if the plaintiff examines the contents alleged in the first instance trial together with the evidence submitted in the first instance trial, it is justifiable to find facts and make decisions in the first instance court). [Article 1-b of the grounds for the first instance judgment.

An appeal (from the second to the tenth of the judgment of the court of first instance) shall be raised as follows.

B. Accordingly, on June 12, 2018, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (class 1 ordinary and class 2 ordinary) as of June 29, 2018 (hereinafter “instant disposition”) by applying Article 93(1)6 of the Road Traffic Act on the ground that the Plaintiff caused a heavy traffic accident and did not perform on-site relief measures or duty to report (hereinafter “on-site disposition”), and notified the Plaintiff of the said decision on June 13, 2018, the following day.

If the judgment of the court of first instance 2, 13 of the 13th written evidence is deemed to be 8,14 of the evidence.

2. In conclusion, the plaintiff's claim of this case should be dismissed as it is without merit. Since the judgment of the court of first instance is just, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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