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(영문) 부산지방법원 2015.10.28 2015구단1629
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 21, 1973, the Plaintiff acquired a Class 2 motorcycle driver's license, and March 8, 1998, respectively.

B. On March 18, 2015, the Defendant revoked the Plaintiff’s respective driver’s license in accordance with Article 93(1)1 of the Road Traffic Act, on the ground that the Plaintiff driven a 49c Occ Occ, without the number plate, on the front of the restaurant located in the Geum-gu Busan, under the influence of alcohol at around 00:30% of the blood alcohol concentration on March 2, 2015.

(hereinafter “instant disposition”). C.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on June 23, 2015, but was rendered a ruling of rejection on August 11, 2015.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1-1, Eul evidence No. 5, the purport of the whole pleadings

2. Whether the instant lawsuit is lawful or not, the Plaintiff filed a claim for the revocation of the instant disposition by the instant lawsuit, and the Defendant asserts that the instant lawsuit is unlawful on the grounds that the period for filing the lawsuit expires.

A lawsuit seeking revocation of a disposition, etc. by an administrative agency shall be filed within 90 days from the date on which he/she becomes aware of the disposition, etc., and "the date on which he/she becomes aware of the disposition" means the date on which he/she actually becomes aware of the disposition, and it does not mean the date on which he/she could have become aware of the fact by means of notice, public announcement, or other methods. However, if the document stating the disposition is served on the address of the party, etc. and is placed in a situation where the party

(see, e.g., Supreme Court Decision 95Nu11535, Nov. 24, 1995). Meanwhile, when an administrative appeal is filed, an action shall be brought within 90 days from the date of receiving the original written adjudication of the administrative appeal. However, the period of filing the lawsuit shall be calculated on the basis of the date of receiving the written adjudication as above.

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