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(영문) 창원지방법원 2019.09.04 2019구단683
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 August 30, 2018, the Defendant issued a revocation disposition of a driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that “Around May 26, 2018, the Defendant continued to drive a frighting passenger car from 20km to 36 km in Seoul at the seat of the Gyeong Highway to consecutive point 20km in Seoul, thereby causing danger to other drivers’ traffic, and thereby, received the penalty points of 200 points, and exceeded the criteria for revocation of a driver’s license due to excess of penalty points.”

B. On January 29, 2019, the Plaintiff appealed from this court’s branch court’s support (2018 high-level 346) by being sentenced to a fine for negligence, as stated in the above disposition’s grounds, and on June 20, 2019, the lower court rendered a judgment of innocence.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 5 to 8, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The plaintiff's assertion was pronounced not guilty in the appellate court as above, and the disposition of this case where the grounds for the disposition cannot be recognized should be revoked.

B. (1) A claim for an administrative appeal shall, in principle, be filed within 90 days from the date on which a disposition is known (Article 18(1) of the Administrative Appeals Act), and where a lawsuit seeking an administrative appeal is filed, within 90 days from the date on which the original written adjudication of a legitimate administrative appeal is served without any justifiable reason, such as a claim for an administrative appeal itself with the lapse of the deadline

(1) Article 20(1) of the Administrative Litigation Act provides, however, that the Plaintiff did not undergo an administrative appeal on the instant disposition and did not comply with the period of the administrative litigation. Thus, the instant lawsuit is unlawful as it does not meet the requirements of the lawsuit.

(2) In addition, even if a criminal conviction in an administrative disposition has not become final and conclusive, the grounds for the disposition can be recognized.

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