1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On July 11, 2018, the Defendant issued a disposition to revoke the Plaintiff’s first-class ordinary driver’s license (hereinafter the instant disposition) by applying Article 93(1)1 of the Road Traffic Act on August 1, 2018, on the ground that the Plaintiff driven B-class motor vehicle while under the influence of alcohol level of 0.107% on the front of ambane trees located in the city of Pyeongtaek-dong, Busan (hereinafter referred to as “I-class ordinary driver’s license”).

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The instant measurement that falls short of the standard for revocation of a driver’s license constitutes an increase in blood alcohol level at around 63 minutes after the Plaintiff’s final music, and around 43 minutes after the completion of driving, and thus, the blood alcohol level at the time of driving cannot be deemed to have been above the standard for revocation of a driver’s license. 2) The Plaintiff’s deviation abuse of discretionary power is deemed to have abused the Plaintiff’s discretionary power by abusing the loan-related work at the multilateral branch of Cbank, while identifying a security in light of the characteristics of business and establishing a right to collateral security. The Plaintiff is bound to retire from the instant disposition. In light of the fact that the Plaintiff’s driver’s license is necessary for the treatment of the elderly grandparents who suffered alz’s disease, and thus, the instant disposition was unlawful because the Plaintiff abused

B. Determination 1) Although there are differences in individual claims that fall short of the driver’s license revocation standard, it is generally known that the blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and then 0.08% and 0.03% (average 0.015%) per hour. If the driving is completed, if the blood alcohol concentration at the time of driving is lower than the blood alcohol concentration actually measured, there is a possibility that the blood alcohol concentration at the time of driving may be lower than the blood alcohol concentration at the time of driving. Thus, in the situation where the blood alcohol concentration at the time of driving cannot be determined as at the time of the increase in blood alcohol concentration, a considerable time has passed since the driving is completed.