1. The plaintiff's claim is dismissed.

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

1. On July 4, 2016, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (Class 1 large scale) as of August 16, 2016, on the ground that the Plaintiff driven a vehicle with a blood alcohol concentration of 0.104% under the influence of alcohol level on the roads of the KNS High School located in the Kim Jong-si, Kim Jong-si (hereinafter “instant disposition”) around July 15, 2016, on the ground that the Plaintiff driven a vehicle with a blood alcohol level of 0.104%.

On July 25, 2016, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on September 30, 2016.

【Reasons for Recognition】 Entry of Evidence Nos. 1 and 13, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was made from July 4, 2016 to 21:50, while drinking alcohol was measured at around 22:17. As a result, the blood alcohol level was measured at an increaseer of blood alcohol level, and thus, the Plaintiff’s blood alcohol level at the time of driving is higher than the blood alcohol level at the time of driving. The Plaintiff’s blood alcohol level at the time of driving is unlikely to reach 0.1%, and the Plaintiff’s continuous operation of a tourist bus is a situation where the driver’s license is essential to maintain his/her livelihood, and thus, the instant disposition was unlawful since it exceeded and abused discretionary authority.

B. As alleged by the Plaintiff, even if the Plaintiff deemed to drink until July 4, 2016, by around 21:50, the Plaintiff’s blood alcohol concentration was measured at 0.104% as the Plaintiff was measured at around 22:17, when a drunk was discovered to have a drinking alcohol level at around 22:05, and around 12:17, at around 22:05, when the alcohol level was measured by the respiratory measuring instrument, and was investigated at the time of the detection of a drunk driving, that the face was red and has a large amount of drinking, and that the body was in a irregular distance. After being investigated by the police, the Plaintiff made a statement that he/she was fling one disease at the time of being investigated by the police (Article 5, 6, and 7). In light of the circumstance that the Plaintiff’s blood alcohol concentration at the time of the detection of a drunk driving was found.