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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 January 6, 2017, at around 02:06, the Plaintiff: (a) driven a car owned by Hansung Fama Co., Ltd. (hereinafter “instant driving”) in front of the exit 5 in the Hansung Fama, Jung-gu, Seoul, Jung-gu, Jung-gu, Seoul, with the front day of the exit 2:06, and fell behind the C si where the Plaintiff stopped while driving.
B. On January 6, 2017, the Plaintiff measured the blood alcohol level at 0.106% as a result of the respiratory measurement around 02:31 on January 6, 2017, the Plaintiff requested the blood collection appraisal on the same day, and the blood alcohol level at 03:195% on the same day was measured as a result of the appraisal on blood collected at 03:15%.
C. On January 25, 2017, the Defendant rendered a disposition revoking the Plaintiff’s driver’s license (class 1 common) (hereinafter “instant disposition”) on the ground that the Plaintiff was driven under the influence of alcohol 0.195% with blood alcohol level.
On April 11, 2017, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on May 31, 2017.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 3, Eul evidence 1, 5-2, 7, and 8, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On January 6, 2017, the Defendant rendered the instant disposition based on the blood alcohol concentration (0.195%) based on the blood test collected at around 03:15 on or around January 6, 2017. Considering that the Plaintiff’s final drinking time was around 02:00 on January 6, 2017, the Plaintiff’s blood alcohol concentration at around 02:06, which was the Plaintiff’s driving time, was at the time of the rise of the Plaintiff’s blood alcohol concentration at around 0.1%. Therefore, it is difficult to conclude that the instant disposition based on the premise that the Plaintiff’s blood alcohol concentration at the time of driving was 0.1% or more at around 02:31, Jan. 6, 2017, the instant disposition was unlawful even when the Plaintiff’s blood alcohol concentration (0.106%) was measured based on pulmonary alcohol concentration at around 02:31, 2017.