1. The Defendant’s disposition of demotion against the Plaintiff on January 26, 2017 is revoked.

2. The disposition described in paragraph 1 is a case.

Details of the disposition

The plaintiff, as the Army Major, was on duty in the Korean Army Class 2 of the Korean Army Soldiers Group No. 27.

On January 26, 2017, the Defendant took disciplinary action against the Plaintiff on the ground that the following disciplinary actions (hereinafter “instant disciplinary action”) constituted a violation of the duty to maintain dignity (driving) and a violation of the law (hereinafter “instant disposition”).

Facts of disciplinary action.

1. On February 28, 2016, the Plaintiff, who has been employed as the vice captain under his/her control, violated his/her duty to maintain the dignity by driving his/her blood alcohol level 0.076% in the section of about 2km from the apartment of the Gangwon-gu Steelwon to the “Ecafeteria” located in D, Gangwon-gu, Gangwon-gu, Gangwon-do, to the street, while driving his/her car while under the influence of alcohol level 0.076% in the section of about 2km.

2. The Plaintiff is a person who is engaged in driving a FCoC car.

On February 28, 2016, the Plaintiff, as described in Paragraph 1, was under the influence of alcohol of 0.076% in blood alcohol level, was operating the said car on the street before the “Ecafeteria” located in Gangwon-gun, Gangwon-gu, Gangwon-gu, Seoul Special Metropolitan City, and operated on the street in the front of the “Ecafeteria” located in D, Gangwon-gu, Gangwon-gu, Seoul Special Metropolitan City.

The location was the first 40 km road at a speed of 40 km per hour, so there was a duty of care to prevent accidents in advance by safely operating the vehicle driving service by checking well the right and the right within the restricted speed.

Nevertheless, the subject of disciplinary action, while under the influence of alcohol, was negligent and operated at the speed of 104 to 110km per hour at the city, led to a shock of the left-hand gate part of the G Nana-si cab car in order to proceed from the E-cafeteria to the E-Eup E-Myeon E-Eup E-Myeon.

Ultimately, the Plaintiff is unable to treat the victim H(67 years of age) who was driving the said small taxi due to the foregoing occupational negligence.