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 October 13, 2016, the Defendant revoked the Plaintiff’s driver’s license (Class 1 ordinary and B) pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff driven a vehicle while under the influence of alcohol of 00:23 on September 30, 2016, on the ground that he/she driven a vehicle under the influence of alcohol of 0.141% (Application of the Tramark).
(hereinafter “instant disposition”). (b)
On October 21, 2016, the Plaintiff appealed to the Central Administrative Appeals Commission, but was dismissed on November 22, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 5 (including provisional number), the purport of the whole pleadings
2. Whether the disposition is lawful;
A. (1) The Plaintiff’s blood alcohol concentration, which is the premise for the instant disposition, cannot be deemed as an accurate numerical value, as it was measured by a reverse calculation method through the Ba mark formula, under the condition that the Plaintiff’s blood alcohol content was measured in a situation where blood alcohol concentration increase after the Plaintiff’s completion of drinking.
(2) Around 2005, the Plaintiff acquired the instant driver’s license without a traffic accident for 11 years, and there is a considerable interval between the driving time and the drinking termination time, and thus, it cannot be ruled out that the Plaintiff could have been aware of the Plaintiff’s normal conditions. In light of the fact that the Plaintiff is able to carry out his duties only as a pharmaceutical company employees, and that the Plaintiff has no particular property and is responsible for the livelihood of the parents with considerable debts, the instant disposition abused and abused the disadvantage of the Plaintiff and his family members rather than the public interest to be achieved thereby.
B. (1) In determining the Plaintiff’s blood alcohol concentration, the blood alcohol concentration at the time of driving is used as a result of a veterinary method, unless it is possible to measure blood alcohol concentration by testing the driver’s blood and pulmonary sample immediately after driving.