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 November 6, 1992, the plaintiff's driver's license for Class II motor vehicles, Class II ordinary motor vehicle's license for April 5, 2006, and the same month.
6. Class 1 Ordinary Motor Vehicle Licenses were acquired respectively.
B. On April 24, 2015, at around 23:55, the Plaintiff: (a) driven a BM3 car on the side of the Port Authority located adjacent to the Port Authority, which is in accordance with the reunification in a state of drinking; and (b) performed a drinking measurement at around 00:03 on April 25, 201, the blood alcohol content was 0.104%.
C. As a result of the Plaintiff’s pulmonary measurement, the Plaintiff’s blood collection at around 00:30 on the same day consented to the blood collection test, and a response was made to the Plaintiff’s blood alcohol content at least 0.112%.
On May 21, 2015, the Defendant revoked the Plaintiff’s driver’s license (class 1, class 2, class 2, and class 2 motorcycles) as of June 15, 2015, based on the result of the blood measurement conducted by the Plaintiff.
E. Accordingly, the Plaintiff filed an administrative appeal on June 8, 2015, but the Central Administrative Appeals Commission dismissed it on July 14, 2015.
【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 7, 23 evidence, Eul’s 1, 2, 7 through 13 (including paper numbers), the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion (i.e., the Plaintiff’s final blood alcohol concentration at the time of drunk driving is around 23:03 on April 24, 2015; the time of the pulmonary measurement is about 00:03 on April 25, 2015; the time of blood collection is about 00:30 on the date of blood collection; and is measured within 90 minutes on the stage of blood alcohol concentration at the end of 0:30 on the date of blood collection.
If a bailee applies 0.03% which is the most favorable to a driver among the reduction rate of blood alcohol content per hour, the blood alcohol content at the time of drunk driving, which is eight minutes prior to the time of respiratory measurement, is 0.100%, and the blood alcohol content at the time of drunk driving, which is thirty-five minutes prior to the time of respiratory measurement, is 0.0945%.