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1. The revocation of the driver’s license that the Defendant rendered to the Plaintiff on March 14, 2018 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. On November 25, 2009, the Plaintiff was under the influence of alcohol level 0.067%, and was subject to the disposition of driver’s license suspension. On November 2, 2010, the Plaintiff was subject to the disposition of driver’s license revocation by driving while under the influence of alcohol level 0.15%.
B. On February 1, 2017, at around 01:09, the Plaintiff was driving from the alleyway around the arms plaza in the Chuncheon-si, Chuncheon-si, to B, without stopping the instructions of police officers under drinking control, and was under control by police officers who continued to drive the Category B, and was under control at the direction of police officers in the direction of the Chuncheon-si C.
(hereinafter the Plaintiff’s above driving is referred to as “instant driving”).
On February 1, 2018, 01:16, the blood alcohol concentration was measured by 0.053% as a result of the measurement of alcohol (equipment measurement) against the Plaintiff.
On April 11, 2018, the Defendant revoked the driver’s license on the ground that the Plaintiff “not less than three times a drunk driving or a non-compliance with a drinking test.”
hereinafter referred to as "disposition of this case"
(e) The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on April 26, 2018. However, the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on June 22, 2018. 【Unfounded-founded-founded-Appellant, Party A’s 1, 2, and Party B’s 1 through 10, and the purport of the entire pleadings as a whole.
2. It cannot be readily concluded that the Plaintiff’s blood alcohol level was at least 0.05% at the time of driving of the instant case.
3. Attached statements to the relevant Acts and subordinate statutes;
4. Determination
A. According to the overall purport of Gap evidence Nos. 5, 7, and 2 and evidence Nos. 2, the plaintiff is working at the office on January 31, 2018.
Around the same day, the Plaintiff was present at the drinking place with the company’s bonus, and ② The Plaintiff is recognized as having finished drinking around 00:30 to 0:40 on February 1, 2018, after drinking from the drinking place.
B. The following circumstances revealed in accordance with the aforementioned facts and the purport of the entire pleadings, namely, the Plaintiff’s final drinking alcohol.