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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On April 11, 1985, the Plaintiff acquired a Class II ordinary driver's license and received a disposition of revocation of the driver's license due to unpaid aptitude tests. On June 18, 2001, the Plaintiff again acquired a Class II ordinary driver's license on January 16, 2002, but was subject to a disposition of revocation of the driver's license on January 16, 2002 (0.17% blood alcohol concentration). On April 2, 2002, the Plaintiff was subject to a disposition of revocation of the driver's license on April 2, 2002. On October 1, 2002, the Plaintiff acquired the Class I ordinary driver's license (B), and again received a disposition of revocation of the driver's license on June 22, 201 (0.061% of blood alcohol concentration) with the blood alcohol concentration of No. 3830, Mar. 26, 2019.
B. On April 12, 2019, the Defendant rendered a disposition revoking the driver’s license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)2 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving, which falls under the third time set forth in the preceding paragraph.
On August 29, 2019, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission. However, on August 29, 2019, the Plaintiff was rendered a ruling of rejection on the ground that the Plaintiff’s appeal was an illegal claim that was filed with the lapse
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1 through 12, the purport of the whole pleadings
2. Whether the lawsuit of this case is lawful
A. While the Plaintiff’s assertion during the nursing of the children who are going to rehabilitation at the F Hospital located in the Si/Gu, it is difficult to view that the Plaintiff filed an administrative appeal claim after the lapse of 90 days from the filing period, since the Plaintiff received the instant disposition on May 25, 2019, and it is difficult to view that the Plaintiff filed an administrative appeal claim. The Plaintiff is currently serving in the company located in the Gu/Si/Gu.