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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. The reasoning of the judgment of the court of first instance as to this case is as stated in the part of the judgment of the court of first instance, except for the addition of the judgment as to the plaintiff's assertion of the first instance, which is identical to that of the judgment of the court of first instance. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation
2. Additional determination
A. The Plaintiff’s assertion did not demand a re-measurement or a blood sampling test, after hearing the horses that constituted the grounds for license suspension from the control police officers at the time of the alcohol testing. If the pertinent drinking driving was notified that it constitutes the grounds for revocation of the license, the Plaintiff demanded a re-measurement or blood sampling, and the Plaintiff’s blood alcohol level 0.03% is within the scope of the error of the drinking measuring apparatus. In light of the above, it cannot be readily concluded that the Plaintiff’s blood alcohol level at the time of the instant drinking testing was 0.03% or more on the sole basis of the single blood alcohol level by the drinking measuring apparatus.
B. Article 44(2) and (3) of the Road Traffic Act provides that, in principle, whether a driver is drunk or not shall be measured according to the respiratory test method, and that a driver dissatisfied with the test can be re-measurable by means of blood collection, etc. with the driver’s consent. As such, once the blood collection is measured after the pulmonary test method, the re-measurement of the blood alcohol concentration through blood collection is a procedure to confirm the accuracy of the result of the breath test by requiring the driver to resist the result of the breath test and consent to blood collection.
According to Eul evidence No. 4-1, the fact that the control police officer measured the blood alcohol concentration to the plaintiff according to the respiratory examination method at the time of the measurement of alcohol, and then notified the plaintiff that an administrative disposition based on the measured values constitutes the disposition of suspension of driver's license.