1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. At around 01:10 on October 15, 2016, the Plaintiff driven a B-car under the influence of alcohol at the front of the Songdo police box located in the south-gu Songdo-dong, Nam-gu. On the same day, at around 01:17, the blood alcohol content was measured as 0.121%.

B. The Plaintiff, who is dissatisfied with the above pulmonary test result, demanded blood collection, and on the same day, blood alcohol concentration was measured at 0.198% as the result of the request for appraisal after collecting blood at around 01:48.

C. On November 7, 2016, the Defendant issued a disposition revoking a driver’s license (Class 1 large, Class 1 large, class 1 large, and large dogs) on December 10, 2016 against the Plaintiff on the ground that the Plaintiff driven the said vehicle while under the influence of 0.198% (hereinafter “instant disposition”).

The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed by the Central Administrative Appeals Commission on December 13, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 6, 8, Eul evidence 1 to 7 (including each number if there is a serial number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) The blood alcohol concentration of 0.198%, which is the basis of the instant disposition, is measured in the blood alcohol concentration riseer, and it shows a big difference from the numerical value by the pulmonary measurement method, so it is difficult to trust. Furthermore, since the Defendant voluntarily denies that the blood alcohol concentration of 0.121% measured by the pulmonary measurement method is more accurate, the Defendant cannot serve as the basis for the instant disposition. 2) The Plaintiff who deviates from and abused discretion, is directly in charge of transportation duties while operating the gas transport company at present. If the driver’s license is revoked by the instant disposition, the Plaintiff and its employees are terminated by the sole customer and are threatened with the Plaintiff’s livelihood.

The above disadvantage is considered.