자동차운전면허취소처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 13, 2016, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (hereinafter “instant disposition”) on the ground that the Plaintiff driven a B-wheeled vehicle (hereinafter “instant traffic accident”) in front of the exit exit No. 126-ro 15 in Jongno-gu Seoul, Jongno-gu, Seoul, while driving the B-wheeled vehicle at the front of the exit exit No. 126-ro 15, and the Plaintiff escaped without taking necessary measures, such as providing assistance to casualties, etc. (hereinafter “instant disposition”).
B. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on October 5, 2016, but the said claim was dismissed on November 22, 2016.
(hereinafter referred to as the “instant adjudication”). (C) The said adjudication on administrative appeal is a “instant adjudication.”
The Plaintiff filed the instant lawsuit on September 22, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, the purport of the whole pleadings
2. The plaintiff's assertion
A. The instant disposition was unlawful, which revoked both the first-class driver’s license, first-class driver’s license, second-class driver’s license, second-class driver’s license, and second-class driver’s license.
B. In light of the fact that the driver’s license for occupational motor vehicles is essential, and the Plaintiff complies with traffic regulations and is driving during that period, the instant disposition is unlawful by abusing and abusing discretion.
3. Whether the lawsuit of this case is legitimate
A. It is unlawful that the Defendant’s lawsuit on this case’s main defense is filed with the lapse of the filing period.
B. According to Article 20(1) of the Administrative Litigation Act, a revocation lawsuit shall be instituted within 90 days from the date when the person becomes aware of the disposition, etc., and where an administrative appeal is filed, a lawsuit shall be instituted within 90 days from the date when the original written adjudication on the administrative appeal
On the other hand, Article 52 (1) of the Administrative Appeals Act is a person who follows the procedure of administrative appeal under this Act.