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(영문) 춘천지방법원 2017.05.23 2016구합771
자동차운전면허취소처분취소
Text

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 September 10, 2014, the Plaintiff, while driving a rash car and causing a traffic accident, escaped without any relief measures even though he/she had injured people.

B. On October 13, 2014, the Defendant issued to the Plaintiff a disposition revoking a Class I driver’s license for large, Class I common, or Class I special (bitr) (hereinafter “instant disposition”). On October 31, 2014, the Defendant sent a notice of disposition to the “Sacheon-si B” and the notice of disposition was not returned.

C. The Plaintiff filed an administrative appeal with respect to the instant disposition on June 16, 2016, but the Central Administrative Appeals Commission, on August 23, 2016, filed an administrative appeal after the lapse of 180 days from the date of the disposition, and thus, dismissed the appeal on the ground that the appeal is unlawful.

[Ground of recognition] Facts without dispute, Gap evidence No. 4, Eul evidence No. 2-4 and No. 11

2. According to Article 142 of the Road Traffic Act, an administrative litigation on the disposition of this case cannot be filed without going through an adjudication on the administrative appeal. According to Article 27(3) of the Administrative Appeals Act, an administrative appeal shall be filed within 180 days from the date of the disposition.

The instant disposition date was October 13, 2014; the Plaintiff filed an administrative appeal of this case on June 16, 2016, as seen earlier; according to the above facts acknowledged, it is apparent that the Plaintiff’s administrative appeal of this case was filed after the lapse of 180 days from the date of the instant disposition; thus, the instant lawsuit is unlawful as it does not undergo a lawful administrative appeal ruling.

3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

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