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 January 31, 2018, from around 20:00 to 21:00, the Plaintiff is driving a small-scale restaurant in Gangdong-gu Seoul Metropolitanro-dong, with the driver at around 22:00, while driving a BDama-si car, which became the front of his house located in Gangdong-gu Seoul Metropolitan Government, to avoid the dispute with the land owners waiting for the Plaintiff at around 24:00, and then again driving the said mar in order to avoid the dispute with the land owners waiting for the Plaintiff at around 22:0, and then arriving in front of the “Emar” located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul, at around 24:00.
B. On February 1, 2018, a police officer, upon receipt of a report of the Plaintiff’s drinking driving, found the Plaintiff on February 1, 2018 and investigated whether the Plaintiff was drunk.
The measurement of drinking to the plaintiff was conducted at around 02:45, and the measurement was 0.093%.
C. There is a difference for each individual, but in general, it is known that the blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest value, and then a decrease of approximately 0.08% to 0.03% per hour.
On the premise that the Plaintiff’s blood alcohol concentration from 22:30 to 22:45 minutes after the Plaintiff’s blood alcohol concentration was reached at least 0.08% per hour for 22:30 minutes after the Plaintiff’s blood alcohol concentration was reached at least 90 minutes at the latest, the Defendant determined that the Plaintiff’s blood alcohol concentration at around 22:127% (i.e., 0., 093% at 0.093% 0.008% x 255 minutes/60%).
Based on this, on February 26, 2018, the Defendant rendered a notice of revocation of the first-class ordinary vehicle driver's license, second-class ordinary vehicle driver's license, and second-class motorcycle driver's license (hereinafter "the instant disposition") to the Plaintiff on February 26, 2018, on the grounds that the Plaintiff driven under the influence of alcohol above 0.1% of the blood alcohol level of 0.1%.
The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on April 17, 2018.
【Ground of recognition” has no dispute, Gap No. 2, and Eul.