1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On October 21, 2016, around 22:55, the Plaintiff driven a C-car under the influence of alcohol in Daegu Seo-gu B. On the same day, at around 23:06, the blood alcohol concentration was measured by 0.109%.

B. On November 7, 2016, the Defendant rendered a disposition revoking a driver’s license (Class I ordinary) as of November 17, 2016 (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff was driving under influence of alcohol as above.

C. 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 1, 2, Eul evidence 1 through 7, 11 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s blood alcohol level of the Plaintiff’s blood alcohol level cannot be deemed to have exceeded 0.1%, which is the standard for revoking driver’s license, on the following grounds.

① The Plaintiff’s blood alcohol level was too high compared to the actual alcohol level. The Plaintiff’s physical condition at the time of driving was almost almost normal.

② The Plaintiff, the control police officer, without explaining the purport of the procedure for strawing strawing, eliminating residual alcohol in the mouth before breath measurement, was placed in his/her place of business on the wind.

③ The Plaintiff is likely to put the value higher than the actual blood alcohol level when the pulmonary measurement is conducted by treating three dental babies.

(4) An error may arise due to the characteristics of the pulmonary measurement and there may be an error in the breath measuring instrument itself.

⑤ The Plaintiff’s blood alcohol concentration at the time of the crackdown on drunk driving is likely to apply both to the blood alcohol concentration. The blood alcohol concentration at the time of the crackdown on drunk driving seems to be lower than the blood alcohol concentration by the respiratory measurement.

6) The Plaintiff shall take the pulmonary measure.