자동차운전면허취소처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 2, 2016, the Defendant revoked the Plaintiff’s driver’s license (Class 2 common and B) pursuant to Article 93(1)1 of the Road Traffic Act on August 19, 2016 on the grounds that the Plaintiff driven a vehicle while under the influence of alcohol at 00:05, on the grounds that the Plaintiff driven the vehicle while under the influence of alcohol at 0.131%.
(hereinafter “Disposition of this case”). [Grounds for recognition] Nos. 1, 6, and 8 of the Evidence No. 1, 6, and the purport of the whole pleadings
2. The defendant asserts that the lawsuit in this case was unlawful, since it did not go through the adjudication of the administrative appeal.
According to Article 142 of the Road Traffic Act, an administrative litigation on the revocation of driver's license cannot be filed without the adjudication of the administrative appeal, and pursuant to Article 27 (1) of the Administrative Appeals Act, an administrative appeal shall be filed within 90 days from the date on which he/she becomes aware of the disposition. In addition to the whole purport of the argument in each of the statement in subparagraph 12-2 of the evidence No. 12, the Plaintiff received the notice of the disposition in this case from the Incheon Southern Police Station on September 9, 2016. The Plaintiff filed the instant lawsuit on September 13, 2016 without filing an administrative appeal and filed an administrative appeal on the instant disposition by the date on which the argument is closed. The Plaintiff did not file an administrative appeal within 90 days from the date on which he/she became aware of the disposition in this case, and the instant lawsuit in this case is unlawful as it does not go through
Therefore, the defendant's defense is justified.
3. Thus, the lawsuit of this case is dismissed as unlawful.