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(영문) 수원지방법원 2015.10.28 2015구단2349
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 March 27, 2014, the Plaintiff was given 30 points to the median line as the median line while driving a car on March 27, 2014, and was given 15 points to the Plaintiff as a signal violation on October 4, 2014. On November 3, 2014, the Plaintiff was under the influence of 0.061% of blood alcohol concentration on the roads front of Kimpo-si, Kimpo-si, with 100 points to the 145 point to the 10th total points.

B. On November 20, 2014, the Defendant issued the instant disposition to revoke the Plaintiff’s first-class ordinary driver’s license (license number: D) on December 16, 2014 by applying Article 93(2) of the Road Traffic Act, on the ground that the Plaintiff’s total accumulated points for one year is at least 121 points, which is the criteria for revocation of the accumulated points for one year with 145 points.

[Grounds for recognition] The descriptions of evidence Nos. 1 through 13 and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

(a) Article 18(1) of the Administrative Litigation Act may, without going through the process of an administrative appeal against the disposition in question, be instituted in a case where the action for revocation can be instituted in accordance with the provisions of Acts

However, the same shall not apply to the case where there is a provision that a revocation lawsuit may not be filed without going through an adjudication on an administrative appeal on the relevant disposition. Article 142 of the Road Traffic Act provides that an administrative litigation on the relevant disposition as a disposition under this Act shall not be filed without going through an adjudication on an administrative appeal. 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 becomes aware of such 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.

On the other hand, if the request for administrative appeal is illegal due to the time limit, administrative litigation also needs to be transferred.

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