자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts are acknowledged according to the following macroscopic evidence of the facts of recognition:
On May 23, 2020, the Plaintiff was sentenced to a fine of KRW 10 million on November 5, 2020, the Plaintiff was found guilty of violation of the Road Traffic Act (driving) at the Goyang Branch of the Government of the Republic of Korea in the above day, and was now in the appellate trial [B] trial on June 15, 2020, the Defendant revoked the Plaintiff’s driver’s license as stated in the Plaintiff’s license on the ground that “driving” was made under the influence of about 50 meters alcohol level 0.0% among blood alcohol level in the section of about 50 meters from the front of the road of the Priju City in the Priju City.
A. Although there is a difference in individual determination on “the alcohol concentration in blood”, it is generally known that the alcohol concentration in blood between 30 to 90 minutes after drinking reaches the highest level, and then 0.08% to 0.03% (average 0.015%) per hour. Thus, if there is time interval between the driving point and the blood alcohol concentration measurement point between the point of time and the point of time, it is highly likely that the alcohol concentration in blood content at the time of driving is lower than the blood alcohol concentration at the time of driving (see, e.g., Supreme Court Decision 2013Do6285, Oct. 24, 2013). In this case, the Plaintiff’s “drinking alcohol concentration at the time of driving” from the point of time to the end of 30 minutes per hour (see, e.g., Supreme Court Decision 201Do6285, Oct. 24, 2013).