1. On December 2, 2014, the revocation of the driver’s license granted by the Defendant against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

1. Details of the disposition;

A. On December 2, 2014, the Defendant issued a disposition to revoke the Plaintiff’s first-class ordinary vehicle license (license number: C) from January 4, 2015 pursuant to Article 93(1)2 of the Road Traffic Act, on the ground that “A Plaintiff had a two-time driving career, but he/she had a two-time driving career, was driving under the influence of blood alcohol level of 0.050% on November 21, 2014, and was driving under the influence of alcohol level of 0.050% on the three-time basis.”

(hereinafter “instant disposition”). (b)

Accordingly, the plaintiff filed an administrative appeal on December 28, 2014, but the Central Administrative Appeals Commission dismissed the appeal on February 3, 2015.

[Based on Recognition] Class A 1, Nos. 2, and Category B 1 through 5

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion (i) At the time, the Plaintiff was under a drunk driving in the middle in which he was under influence of alcohol, and the interval between the drunk driving and the measurement of alcohol was 30 to 40 minutes high at the time of the drunk driving, and thus, the blood alcohol concentration at the time of the blood alcohol concentration does not reach 0.050% of the depositr measured thereafter, and considering the error in the breath measuring instrument, the blood alcohol concentration at the time of the Plaintiff’s breathing driving is lower than 0.050%.

Doshe further, considering the various circumstances, including the fact that the Plaintiff driven approximately two meters in the course of moving parking at the request of a neighboring resident, the degree of drinking is not more than 0.050%, and the fact that the driving of drinking is not more than 0.050%, the Defendant’s disposition of this case constitutes an abuse or abuse of discretionary power, and thus, is unlawful.

B. (i) Although there is a difference for each individual, it is generally known that the blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level and that approximately 0.08% to 0.03% per hour (average approximately 0.015%) has decreased.

Therefore, it is impossible to determine whether the blood alcohol concentration has risen or lower time.