1. The plaintiff's claim is dismissed.

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

Details of the disposition

On October 17, 2019, at around 23:39, the Plaintiff, while driving CM3 vehicle volume under the influence of alcohol 0.045% on the front of Gwanak-gu, Seoul Special Metropolitan City on the road (hereinafter “instant drunk driving”), was faced with the central line, and the side part of the SS3 vehicle volume in the opposite lane is shocked by the upper part of the said SM3 vehicle volume (hereinafter “instant traffic accident”). The Plaintiff suffered from the injury requiring approximately two weeks medical treatment.

On November 22, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I common) on the ground that “the Plaintiff caused personal injury due to the instant traffic accident while driving the instant motor vehicle” (hereinafter “instant disposition”).

On January 6, 2020, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on February 18, 2020.

[Grounds] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 8, and the purport of the entire pleadings as to the legitimacy of the disposition of this case as to the legitimacy of the disposition of this case, since about 90 minutes have elapsed from the plaintiff's final drinking time, and there was a blood alcohol concentration rise, so the blood alcohol concentration level of 0.045% cannot be viewed as the blood alcohol concentration at the time of driving under the influence of this case.

Rather, it is highly probable that the blood alcohol concentration at the time of drinking driving of the instant case does not exceed 0.03%.

Therefore, the instant disposition is unlawful.

In light of the following: (a) the victim’s injury is minor; (b) the distance of the drinking driving of this case is only 5 km; (c) the Plaintiff has no record of drinking driving; (d) the Plaintiff actively cooperates in the investigation into the drinking driving of this case; (b) the Plaintiff’s vehicle driving license as its corporate member is essential means to maintain the family’s livelihood; and (c) the Plaintiff faces economic difficulties due to the instant disposition.