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(영문) 인천지방법원 2018.05.15 2018구단64
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s regular inspection period from January 14, 2015 to the same year during a regular inspection period, when he/she was driving with a Class 1 large-sized or Class 1 ordinary driver’s license.

7. The Defendant did not take an aptitude test during the period of 13). On April 29, 2016, a conditional driver’s license (class 1 large and class 1 large) revocation disposition (hereinafter “instant disposition”) to the effect that the driver’s license is revoked when more than one year has passed without undergoing an aptitude test (hereinafter “instant disposition”).

B) B. The Defendant was the Plaintiff’s resident registration address, Bupyeong-gu B building, 3 Dong 502 (hereinafter “instant domicile”).

on April 29, 2016, the instant notice of disposition was sent, and again, the same year.

5. 9. The sent by registered mail was returned, but it was returned as a "closed absence", and the same year thereafter.

5. 23. The same year as sent by registered mail;

5. The same year as the recipient was returned on 28.28.

5. Notice of the instant disposition from May 30, 2016 to the same year.

6. C. On July 26, 2013, the Plaintiff filed a move-in report to the domicile of the instant case, all of his/her wife and two children (one of his/her wife and two children) on the following day, and entered Canada on July 29, 2017. On September 2, 2017, the Plaintiff caused minor traffic accidents and became aware of the instant disposition only during the course of insurance processing. D. The Plaintiff filed an administrative appeal on September 20, 2017, but was dismissed on the ground that 180 days elapsed from the date of the instant disposition on November 29, 201 of the same year (the Plaintiff re-acquisitiond the instant ordinary driver’s license on September 1, 2017).

(i) [The facts without dispute over the basis of recognition, Gap evidence 1 to 7, Eul evidence 1 to 6, and the purport of the whole pleadings;

2. Determination on this safety defense

A. 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 of the administrative appeal," and the Administrative Appeals Act.

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