1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Details of the instant disposition

A. On November 6, 1992, the Plaintiff acquired a Class 2 motorcycle driver’s license, the Class 2 ordinary vehicle’s license on April 5, 2006, and the Class 1 ordinary vehicle’s license on April 6, 2006.

B. On April 24, 2015, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (class 1 general, class 2 common, class 2 common, and class 2 motor vehicles) as of June 15, 2015, on the ground that “the Plaintiff driven BM3 motor vehicles under the influence of alcohol concentration of 0.112% on the roads adjacent to the Port Office, which are in accordance with the unification of Franpo City (hereinafter “instant disposition”).

C. On June 8, 2015, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission. However, on August 4, 2015, the said commission rendered a ruling dismissing the Plaintiff’s request for administrative appeal.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 23, Eul evidence Nos. 1 and 6, the purport of the whole pleadings

2. The plaintiff's assertion and relevant statutes

A. The Plaintiff’s assertion 1) The Plaintiff’s final drinking time of the non-existence of the grounds for disposition is around 23:05 on April 24, 2015. The Plaintiff was subject to drinking control at around 23:5 on the same day. The blood alcohol concentration by the respiratory measurement conducted at around 00:03 on April 25, 2015. The blood alcohol concentration by blood extraction conducted at around 00:104 on the same day is 0.12%. However, the Plaintiff’s driving time was 90 minutes from the final drinking time, and thus, the blood alcohol concentration at the time of blood alcohol concentration at the time of the Plaintiff’s driving constitutes a period of increase. In such a case, it is impossible to calculate the blood alcohol concentration by reverse acid in the dicmark formula. Even if the blood concentration at the time of the dicmark’s 0.3% alcohol concentration per 0% prior to the Plaintiff’s operation rate at 003% prior to the 008.3% alcohol concentration.

Therefore, it is true.