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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On May 26, 2016, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (Class I ordinary) as of July 23, 2016 on the ground that the Plaintiff was under the influence of 0.107% of blood alcohol level on the front of the C cafeteria located in the window B of Changwon-si (hereinafter “instant disposition”).
On August 8, 2016, the Plaintiff filed an administrative appeal against the instant disposition with the Central Administrative Appeals Commission, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on September 30, 2016.
[Ground of recognition] Evidence No. 1, No. 1, No. 1, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. On May 26, 2016, the Plaintiff asserted that he drinks alcohol from May 26, 2016 to around 22:45, driving a distance of about 5 meters from the convenience store near the wife. The instant disposition is unlawful in light of the following: (a) it was discovered that a police officer who was reported in the course of drinking at the convenience store and sent out after receiving a report at the convenience store in the course of drinking; and (b) was measured at 0.107% of blood alcohol level as a result of a alcohol measurement at around 23:59; (c) the result of the alcohol measurement conducted by the Plaintiff was measured at a considerable time after driving; (d) it cannot be deemed that the blood alcohol level at the time of the Plaintiff’s driving; and (e) there is no objective material to deem that the blood alcohol level at the time of the Plaintiff’s driving is at least 0.1%; and (e) it is necessary to obtain a driver’s license from the company.
B. On May 26, 2016, the Plaintiff was driving immediately after drinking alcohol until May 22:45, 2016, and was measured at 0.107% of blood alcohol level as a result of a drinking test at around 22:50 and around 23:59 at around nine minutes after driving. At the time when the Plaintiff was found to have driven alcohol to police officers, the Plaintiff was investigated to have the face colored at the time of detection of the driving alcohol level, and the body was in the state of a bitle distance. After being investigated by the police, the Plaintiff was investigated at the police.