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 May 6, 2017, at around 02:20, the Plaintiff driven a D car in the direction of “Cnora bank” located in the Daegu Northern-gu B, Daegu Northern-gu, under the influence of alcohol. On the same day, at around 03:06, the Plaintiff was found to have been 0.18% of the blood alcohol content as a result of the pulmonary measurement conducted by the control police officer.
B. On May 23, 2017, the Defendant issued a disposition revoking the driver’s license (as of June 23, 2017, Class I, Class II, Class II, and Class II motor vehicles) against the Plaintiff on the ground that the Plaintiff driven a motor vehicle under the influence of alcohol as above (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed by the Central Administrative Appeals Commission on July 11, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 18 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) The Plaintiff’s timing of driving under the influence of alcohol falls under the rise of blood alcohol concentration, and thus, it cannot be determined as an accurate drinking level of 0.18% of blood alcohol concentration measured after a considerable time from the point of driving under the influence of alcohol. 2) The Plaintiff’s vocational driving is essential, and the Plaintiff’s living is difficult due to the cancellation of a driver’s license. Considering the disadvantage suffered by the Plaintiff due to the instant disposition, the instant disposition is unlawful as it deviates from and abused discretion.
B. 1) Determination on the first argument: (A) In a situation where it is impossible to determine whether the blood alcohol level at the time of driving is the rise of the blood alcohol level or the point of submercing, even if the blood alcohol level measured at the time when the driving was completed, which was a considerable time after the completion of the operation, has exceeded the penal standard, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeded the penal standard.
Each individual shall have a difference.