자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Around 00:30 on May 24, 2017, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class 1 ordinary) as of July 15, 2017, on the ground that the Plaintiff driven a coo car with a blood alcohol concentration of 0.102% under the influence of alcohol on the front of the bus stops at Changwon-si, Changwon-si, Seoul High School of Non-School Member (hereinafter “instant disposition”). < Amended by Act No. 1473, Jun. 19, 2017>
On June 19, 2017, the Plaintiff filed an administrative appeal against the instant disposition with the Central Administrative Appeals Commission, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on August 8, 2017.
[Reasons for Recognition] Entry No. 1 of Eul and the purport of the whole pleading
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion that the blood alcohol level was measured from around 00:25, May 24, 2017, when approximately 20 minutes passed from around 00:25 to around 20 minutes, which is the final drinking point, belongs to the riseer of blood alcohol level. As such, the Plaintiff’s blood alcohol level at the time of driving may have less than 0.1% different from the actual blood alcohol level measurement result; the Plaintiff merely driven a short distance of about 100 meters for the convenience of acting driving technicians; and in order for the Plaintiff to continue to operate the enterprise and maintain his family’s livelihood, the instant disposition was unlawful since the instant driver’s license was abused and abused.
B. Comprehensively taking account of the overall purport of the pleadings in evidence Nos. 5, 6, and 7, the Plaintiff’s blood alcohol level was measured by 00:45% on May 24, 2017 as the Plaintiff was found to have a drunk driving on May 24, 2017, and was measured by a drinking measuring instrument on the same day by 00:45 drinking meters, and the blood alcohol level was measured by 0.102% on the same day. At the time of the detection of drunk driving, the Plaintiff was found to have a little string and face color, and was found to have a little string distance at the time of the detection of drunk driving. The Plaintiff was investigated into a drunk driving by the police, while the Plaintiff was investigating into a drunk driving by the police, and was divided into one disease from the other on May 24, 2017 to 00:23, and 1000 Mac 1 residues.