자동차운전면허취소처분무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 14, 2014, the Defendant revoked the Plaintiff’s driver’s license (class 2, class 2, class 3, class 3) pursuant to Article 93(1)1 of the Road Traffic Act, on April 28, 2014, on the ground that the Plaintiff driven a B B B B B-V cruise car (hereinafter “instant vehicle”) under the influence of alcohol content 0.213% (hereinafter “instant vehicle”).
(hereinafter referred to as the "disposition of this case") No. 2. Of the disposition of revocation of the license for the driver's license, the disposition of revocation of the license for the driver's license for the driver's license for the driver's license for the driver's license for the driver's license for the driver's license.
2. The defendant's judgment on the defendant's main defense was filed with the lapse of the period for filing the lawsuit, and the defendant's assertion that the lawsuit in this case is unlawful because it did not go through an administrative appeal under the Road Traffic Act. However, the lawsuit in this case is a lawsuit seeking confirmation of invalidity, not the revocation of the revocation of the driver's license, and it is not subject to restrictions
3. Whether the disposition is defective.
A. The Plaintiff’s assertion is that the instant vehicle cannot be driven with a Class II driver’s license, and thus, the instant disposition cannot be revoked en bloc even with a Class II driver’s license. Therefore, the instant disposition is null and void with significant and apparent defects.
B. In order for a defective administrative disposition to be null and void as a matter of course, it must be objectively apparent that the defect is a serious violation of the important part of the law and its purpose, meaning, function, etc. of the law should be examined from a teleological perspective in determining whether the defect is significant and obvious, and at the same time, reasonable consideration should be given to the specificity of the specific case itself. If an administrative agency takes an administrative disposition with respect to certain legal relations or factual relations by applying the provisions of a law, the provisions of that law shall apply.