(영문) 서울고등법원 2018.10.10 2018누39586

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(영문) 서울고등법원 2018.10.10 2018누39586

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 grounds for the court’s explanation concerning the instant case, such as accepting the judgment of the court of first instance, are as stated in the reasoning of the judgment of the court of first instance (including the relevant part in the judgment of the court of first instance, but excluding the part on March 2, 200), and therefore, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2.The following shall be added between the 2nd parallel and 5th parallel:

A person shall be appointed.

C. On December 28, 2017, the Plaintiff received a summary order of KRW 3 million (Government District Court Decision 2017 High Court Decision 2017 High Court Order 2017 High Court Decision 20792; hereinafter “instant summary order”) on the grounds that “A person was driven under the influence of alcohol level of 0.135%” on September 28, 201, and the said summary order became final and conclusive as it is, on account of the fact that “A person was driven under the influence of alcohol level of 0.135%.”

“The 11 Certificate” of 11, 13 for 2 pages 5 shall be added in front of “the so-called “the so-called “the so-called “dacting” of 11, 13. 2. 9, to “the so-called “the so-called “the so-called “the so-called “dacting” of this case, “the so-called “the so-called “dacting” of this case shall be added to “the so-called “the so-called “indacting” of this case without removing the Plaintiff’s attention” of the 2th 10th m “the so-called “the so-called “the so-called” of this case shall be added to “the so-called “the 5th macting” of this case.

The 5 to 4 pages shall be the following:

【The court of the lawsuit of the administrative litigation shall judge whether the facts alleged are true in accordance with logical and empirical rules based on the ideology of social justice and equity by free evaluation of evidence taking into account the overall purport of pleadings and the result of examination of evidence (Article 8(2) of the Administrative Litigation Act, Article 202 of the Civil Procedure Act). In addition, although the court of the lawsuit of the administrative litigation is not bound by the recognition of facts in the relevant criminal trial, the facts which have been established in the relevant criminal trial shall also be

참조조문

-민사소송법 제202조

-민사소송법 제420조

-행정소송법 제8조 제2항

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