자동차운전면허취소처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 7, 2014, the Defendant issued the instant disposition that revoked the Plaintiff’s license for Class 1 and Class 1 ordinary driving license by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on June 18, 2014, on the ground that, while under the influence of alcohol of 0.106% of the blood alcohol content, the Plaintiff driven approximately 2 km in front of the oil plant origin of Goyang-gu, Goyang-gu, Goyang-gu, 371-ro, Goyang-gu, Goyang-gu, Goyang-gu, Goyang-gu, Goyang-gu, Goyang-gu, 371.
[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 through 4, and the whole purport of the pleading.
2. Article 142 of the Road Traffic Act provides that "No administrative litigation on the pertinent disposition as a disposition under this Act shall be filed without going through an adjudication on the administrative appeal," and Article 27 (1) of the Administrative Appeals Act provides that "an administrative appeal shall be filed within 90 days from the date on which he/she becomes aware of the disposition."
Therefore, in order to be lawful, the instant lawsuit seeking the revocation of the instant disposition based on the Road Traffic Act should have filed an administrative appeal within 90 days from the date the Plaintiff became aware of the instant disposition.
According to each of the aforementioned evidence and evidence Nos. 13 and 14, the Plaintiff received the instant disposition notice on June 30, 2014. However, the Plaintiff’s failure to file an administrative appeal on the instant disposition until May 18, 2015, which was the date of closing the argument in the instant case, is recognized.
As a result, the plaintiff filed the lawsuit of this case without going through an administrative appeal as a complete procedure, and the lawsuit of this case is unlawful.
3. The conclusion of the instant lawsuit is dismissed, and it is so decided as per Disposition.