1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On October 27, 2016, at around 21:20, the Plaintiff driven a car with C in the state of 0.149% alcohol concentration on the front of Songpa-gu Seoul, Songpa-gu, Seoul.

(hereinafter referred to as “drinking driving of this case”). (b)

On December 16, 2016, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class II common) on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the said claim was dismissed on February 14, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Defendant issued the instant disposition based on the blood alcohol concentration calculated by applying the above mark formula to the blood alcohol concentration by blood collection. However, in full view of the following factors: (i) the blood alcohol concentration by blood collection was 21:20; (ii) the pulmonary measurement time was 22:07; and (iii) the blood collection time was 22:29; (iv) the pulmonary measurement time was adjacent to the blood collection time; (v) the pulmonary measurement time was 22:29; and (v) the blood alcohol concentration by the pulmonary measurement was more accurate than the blood collection time; and (iv) the blood alcohol concentration was 13% higher when blood alcohol concentration was 10% higher when blood alcohol concentration was measured.

Therefore, even if the defendant's blood alcohol level by pulmonary measurement is 0.113%.