자동차운전면허취소처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
According to Gap evidence No. 1, it is acknowledged that the defendant issued a disposition revoking the first-class ordinary driver's license against the plaintiff on August 31, 2018 (hereinafter "the disposition in this case") on the ground that the plaintiff was driven while under the influence of alcohol more than 0.1% of blood alcohol level. As the lawsuit in this case, the plaintiff asserted that the disposition in this case should be revoked because it is too harsh to the plaintiff and it is erroneous for the plaintiff to deviate from or abuse of discretionary power, the defendant raised a lawsuit in this case after the lapse of the period for filing the lawsuit in this case and therefore should be dismissed.
According to Article 20(1) of the Administrative Litigation Act, a revocation lawsuit shall be instituted within 90 days from the date on which the existence of a disposition, etc. is known, but when it has undergone an administrative appeal, the original written adjudication shall be instituted within 90 days from the date
According to the evidence evidence Nos. 14 and 16, the Plaintiff filed a petition for administrative appeal seeking revocation of the instant disposition on September 11, 2018 on the same ground as the cause of the instant petition; the Central Administrative Appeals Commission dismissed the Plaintiff’s petition for administrative appeal on October 17, 2018; and it can be recognized that the original written judgment was served on the Plaintiff on December 3, 2018; and the fact that the Plaintiff filed the instant lawsuit on March 7, 2019 is clear.
According to the above facts, it is apparent that the lawsuit of this case was filed after March 3, 2019, which became 90 days from the date when the original written adjudication was served on the Plaintiff. Thus, the lawsuit of this case is unlawful as it was filed after the lapse of the time limit for filing the lawsuit.
Therefore, we decide to dismiss the instant lawsuit and decide as per Disposition.