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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On June 10, 2016, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class 1 large, Class 1 common) as of July 6, 2016 on the ground that the Plaintiff driven a DNA IMB drive a motor vehicle with a blood alcohol level of 0.148% under the influence of alcohol level of 0.35% on the front side of the road located in Busan L/C, Busan, on May 22, 2016 (hereinafter “instant disposition”).
On June 23, 2016, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on August 16, 2016.
[Ground of recognition] Evidence No. 1, No. 1, No. 1, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. On May 21, 2016, the Plaintiff’s assertion was measured at a reasonable time after driving a car parked in the C parking lot from May 21, 2016 to around 22:40, and driving the car at around 23:07-23:08, while driving the car at around 10 meters to the front road, and then diving from the driver’s seat. On May 22, 2016, the Plaintiff’s alcohol level was measured at 0.148% as a result of a drinking alcohol level on around 00:35, when driving at around 01:0, while driving at around 01:0, the Plaintiff’s alcohol level was measured at around 0.148%. Thus, the Plaintiff’s alcohol level at the time of driving cannot be deemed as the actual blood alcohol level at the time of driving. In light of no objective data to deem otherwise, in order for the Plaintiff to perform his/her duties, the instant disposition is unlawful.
B. As alleged by the Plaintiff, even if the Plaintiff deemed to have performed drinking at around 22:40 on May 21, 2016 and carried out drinking at around 23:07-23:08, the Plaintiff was to drive drinking at around 27-28 minutes after the Plaintiff’s completion of drinking, and was measured at around 1:55 minutes after the blood alcohol level as a result of the blood alcohol level measurement at the time of the driving of drinking, and at the time of the Plaintiff’s blood alcohol level measurement at around 0.148%.