자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 31, 2019, the Plaintiff driven B low-speed vehicle while under the influence of alcohol on July 31, 2019 (hereinafter “instant drinking”), and shocked the driver behind C high-speed vehicle running ahead of the same direction.
(hereinafter “instant accident”). (b)
On July 31, 2019, according to the pulmonary measurement method around 19:59, the blood alcohol concentration of the Plaintiff was measured at 0.082%.
On July 31, 2019, the Plaintiff demanded the measurement of blood collection and collected blood at D Hospital around 20:40, and as a result, the blood alcohol concentration was measured at 0.134%.
C. On August 29, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license stated in the Plaintiff’s purport of the claim pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the instant accident occurred while driving under the influence of 0.134%, and caused the instant accident to the victim’s light.
(hereinafter “instant disposition”) D.
The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the said claim on October 1, 2019.
[Reasons for Recognition: Facts without dispute, Eul evidence Nos. 1, 2, 7, 12, and Eul evidence No. 8; hereinafter the same shall apply
(2) The grounds of appeal No. 1
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) was unable to receive sufficient water to the extent that the Plaintiff could have found the drafting at the time of the breath measurement. In light of the fact that the gap between blood alcohol level of 0.134% and blood alcohol level of 0.082% by the breath measurement method and blood level of 0.082% by the breath measurement is too large, the Plaintiff appears to have been measured excessively or blood was changed due to the influence of species such as alcohol in the blood collection process. Therefore, there was an error in the procedures for the breath measurement, and the result of the breath measurement is not reliable.