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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On August 3, 2002, the Plaintiff acquired a Class 1 driver’s license (B) for a large vehicle on August 3, 2002, and around 22:00 on October 9, 2015, while under the influence of alcohol 0.117%, the Plaintiff driving a e-ma-mail truck, which led to a traffic accident that causes physical damage by shocking the damaged vehicle parked in the parking lot, while driving a e-mail truck with a blood alcohol level of 0.17%.
B. On October 29, 2015, the Defendant issued the instant disposition revoking the above driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving under the influence of alcohol as above.
C. The Plaintiff filed an administrative appeal on November 26, 2015, but was dismissed on December 24, 2015.
【Reasons for Recognition】 Description of Evidence No. 4 and the purport of the whole pleading
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) caused an accident at the time of 22:00, and the police conducted a drinking test against the Plaintiff at around 22:35. At the time of measurement, the Plaintiff conducted a drinking test at the time of the Plaintiff’s completion of drinking. The Plaintiff’s blood alcohol concentration at around 65:75 minutes and around the time of the Plaintiff’s completion of drinking. Therefore, it cannot be readily concluded that the Plaintiff’s blood alcohol concentration at the time of the instant accident exceeded 0.1% at the time of the instant accident. (2) The Plaintiff’s blood alcohol concentration at the time of the instant accident is driving in order to park in another place, and the distance is limited to 70 meters; (3) the Plaintiff’s physical damage was not caused; (4) the Plaintiff’s operation of individual cargo business is essential; (3) the Plaintiff’s driver’s license is revoked; and (4) the Plaintiff’s blood alcohol concentration at the time of the instant accident is reduced to 10 years or less; and (4) the Plaintiff’s disposition falls under the instant Enforcement Rule 18.