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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the instant disposition
A. On March 26, 2010, the Plaintiff acquired Class II ordinary drivers’ licenses and Class I ordinary drivers’ licenses (license number: B) on April 8, 2010.
B. On March 11, 2014, the Plaintiff, while under the influence of alcohol at 02:45, driven a rocketing car on the road before the Damoel located in Heunging City C while under the influence of alcohol at 0.108%.
C. On March 26, 2014, the Defendant revoked the Plaintiff’s above driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground of the above drunk driving.
【Ground of recognition】 The fact that there is no dispute, Gap's 1, 13 evidence, Eul's 1 through 14, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Plaintiff’s assertion 1) The Plaintiff’s completion of drinking on March 11, 2014: (a) around 02:12 of the same day; (b) from around 02:12 of the same day on the same day; (c) the hours during which the Plaintiff driven from around 02:46 of the same day; and (d) at around 03:30 of the same day on the same day; (b) the hours during which the alcohol level was measured by the respiratory measuring method cannot be readily concluded to be the blood alcohol level at the time of driving. (b) The Plaintiff’s work in E running the machinery installation and repair business; (c) the Plaintiff need to obtain a driver’s license due to its nature; (d) the Plaintiff’s father (a person suffering from dementia) and two children because the Plaintiff’s revocation of a driver’s license is difficult to perform the said business; and (e) the Plaintiff’s act of abuse of discretion constitutes an abuse of discretionary authority.
B. The blood alcohol concentration at the time of actual driving is drunk even if there is an interval between the point of time and the point of time between the point of time of measurement of the blood alcohol concentration and that time appears to increase the blood alcohol concentration.