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 July 4, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (around 15:20 on April 29, 2017, on the ground that the Plaintiff escaped without taking necessary measures, such as providing relief to the victim, on the ground that: (a) while driving a B car and driving a road adjacent to Kimcheon-si Kimcheon-si, Kimcheon-si, Kim Jong-si, on the scambing side from the enclosed surface; (b) by neglecting the safety driving duty, the part of the track drivened in the front bank by negligence while under the influence of undermining blood alcohol concentration due to the victim C’s failure to perform the safety driving duty (hereinafter “instant traffic accident”); and (c) caused the victim’s escape without taking necessary measures, such as providing relief to the victim.
B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on August 31, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 1, Eul evidence 1, the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
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) A litigation seeking revocation shall be instituted within 90 days from the date on which the relevant disposition, etc. is known, and where such lawsuit must be adjudicated on an administrative appeal, the lawsuit shall be instituted within 90 days from the date on which the certified copy of the
(1) According to the purport of Article 20(1) and Article 18(1)7 of the Administrative Litigation Act and Article 18(1)7 of the Act, the Plaintiff may be deemed to have served the original copy of the written adjudication on administrative appeal on September 18, 2017, and the Plaintiff filed the instant lawsuit on December 22, 2017 after the lapse of 90 days from the said date. As such, the instant lawsuit is effective.