2. The costs of lawsuit shall be borne by the Plaintiff.

A. On July 26, 2016, the Defendant issued the instant disposition revoking the Plaintiff’s driver’s license (class 1 common and class 2 common) as of August 26, 2016 on the ground that the Plaintiff is a person who driven a C vehicle on the road located in Busan-gun, while under the influence of alcohol at least 0.063% of alcohol level on June 24, 2016, even though the Plaintiff had twice the alcohol level (0.187% of blood alcohol level on September 9, 2006, and February 15, 2013).

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the appeal on August 4, 2016.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since it is unclear whether the Plaintiff’s assertion at the time of driving under the influence of alcohol is a rise or downskill, it cannot be used as a basis for administrative disposition against the Plaintiff, which is calculated by applying the breamark formula to the Redmark level, and it cannot be readily concluded that the Plaintiff’s blood alcohol level at the time of driving under the influence of alcohol was above 0.05%.

B. In a case where it is difficult to determine whether the blood alcohol concentration at the 1st alcohol level belongs to the situation where the blood alcohol concentration at the time of drinking or belongs to the situation where the blood alcohol concentration at the highest level is being raised, and it is possible to determine whether it belongs to the situation where it is being lowered after reaching the highest level, and rather, it is difficult to determine whether it is possible to determine whether it is possible to determine whether it falls under the situation where the blood alcohol concentration at the time of drinking, the blood alcohol concentration at the time of drinking cannot be confirmed by applying only the part concerning the decomposition extinguishment after the lapse of a considerable time from the point of time when the blood alcohol concentration at the time of drinking, based on the blood alcohol concentration measured after the lapse of a considerable time from the point of time when the blood alcohol concentration at the time of drinking is measured. In such a case,