자동차운전면허취소처분취소
1. The plaintiff's main claim is dismissed.
2. The part of the conjunctive claim in the instant lawsuit is dismissed.
3...
1. Details of the disposition;
A. On December 29, 2013, at around 00:10, the Plaintiff, while driving a D-car on the front road located in Gumi-si B located in Gumi-si, under the influence of alcohol, was controlled, and conducted a drinking measurement at around 00:16 on the same day, resulting in a blood alcohol concentration of 0.05%.
B. As a result of the Plaintiff’s blood collection and measurement at around 00:41 on the same day, the result of response was that the Plaintiff’s blood alcohol concentration was 0.130%.
C. On January 18, 2014, the Defendant rendered the instant disposition to revoke the Plaintiff’s driver’s license as of February 17, 2014 pursuant to Article 93(1)1 of the Road Traffic Act based on the result of the blood measurement conducted by the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 3 (including provisional number), the purport of the whole pleadings
2. Judgment on the main claim
A. The blood collection from the Plaintiff’s assertion was conducted after 51 minutes from the time of termination of drinking (23:50 on December 28, 2013) and 31 minutes from the enforcement point (20:0:10 on December 29, 2013). As long as the blood measurement point is within the scope of the rise of blood alcohol level, the blood alcohol level at the time of actual driving is sufficient to lower than 0.10%, which is the criteria for cancellation of driver’s license. As such, the instant disposition revoking the Plaintiff’s driver’s license in accordance with the blood measurement as seen above is null and void.
B. After 51 minutes from the time of termination of drinking, there is no dispute between the parties that the blood alcohol measurement by blood collection was conducted after 51 minutes from the point of time of control, and that it was conducted after 31 minutes from the point of time of control. According to the respective statements in the evidence Nos. 4, 5, and 6, in a criminal case of violation of the Road Traffic Act (driving) related to the instant case, the first blood alcohol content of the Plaintiff was indicted to be 0.130%, and the blood alcohol content was recognized to be 0.05% through the procedures of modification of the indictment during the trial. < Amended by Act No. 12534, Jul.