자동차운전면허정지처분취소
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 March 12, 2017, at around 00:36, the Plaintiff driven a D-car (hereinafter “instant car”) under the influence of alcohol on the front side of “C” located in the Gumi-si B. On the same day, at around 01:15, the blood alcohol content was measured as 0.101%.
B. On April 3, 2017, the Defendant rendered a disposition revoking the Plaintiff’s driver’s license (Class I common) as of April 27, 2017 (hereinafter “instant disposition”) on the ground that the Plaintiff driven under the influence of alcohol as above.
C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed by the Central Administrative Appeals Commission on August 8, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 to 7 (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 0.101% of blood alcohol concentration measured after a considerable time from the time of driving under the influence of alcohol. 2) The Plaintiff has no history of driving under the influence of alcohol during that period, there is no circumstance to consider the circumstances of driving under the influence of alcohol, and there was an agreement for physical damage of traffic accident, and when the driver’s license is revoked, the Plaintiff suffers enormous disadvantage upon the revocation of the driver’s license. Considering such circumstances, the instant disposition is unlawful as it deviates from and abused discretionary authority.
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 an increase in the blood alcohol level or at the time of summer, even if the blood alcohol concentration measured at the time when the driving was completed and at the time when a considerable period of time exceeds the punishment standard, the blood alcohol concentration at the time of actual driving.