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(영문) 서울고등법원 2020.10.16 2020누40886
자동차운전면허취소처분취소
Text

The plaintiff's appeal is dismissed.

The plaintiff's conjunctive claim is dismissed in this court.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment on the plaintiff's conjunctive claim as follows. Thus, the court citing this as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. Determination on the conjunctive claim

A. In the instant disposition, the gist of the argument sets the disqualified period of driver’s license from January 7, 2020 to January 6, 2022, 202. The Plaintiff is seeking a decision to reduce the disqualified period for one year in consideration of the following: (a) the Plaintiff directly drives the company’s vehicle and directly operates the business; (b) the Plaintiff’s livelihood is significantly hindered due to the instant disposition; and (c) the Plaintiff has no record of driving under the influence of alcohol and has no record of driving under the influence of

B. 1) The instant disposition is revoked, and the issuance of a disqualified period for a driver’s license is limited to the effect of the application of the above provision of the Road Traffic Act as the driver’s license is revoked pursuant to Article 82(2)6 of the Road Traffic Act, and the foregoing disqualified period is not determined separately by the instant disposition or is included in the substance of the disposition. Therefore, the instant conjunctive claim that partially reduces the disqualified period for a driver’s license is inappropriate as it is not against the disposition subject to administrative litigation. 2) If the instant conjunctive claim is deemed to seek a separate disposition, such as a disposition to reduce the disqualified period for a driver’s license, it would be different from the previous disposition to revoke a driver’s license. Accordingly, the instant conjunctive claim is deemed to be subject to a separate disposition such as a disposition to suspend a license for which the disqualified period has been reduced, and is sought by a lawsuit or a court seeking a certain administrative disposition that directly takes the same effect as the administrative agency issued a certain administrative disposition under the

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