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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following judgments, thereby citing this as is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Plaintiff asserted that blood sampling was required at the time of the instant control, but the control police officer renounced the blood sampling method by blood sampling, which was merely a ground for suspension of driver’s license.
As such, the instant disposition that was based only on the result of the pulmonary examination was unlawful in this case where the police officer lost an opportunity to take a breath test by blood collection due to the erroneous notification.
B. According to the purport of subparagraph 4-1 of the evidence No. 4-1 and the entire argument, the purport of the judgment is as follows: (a) the control police officer notified the Plaintiff that blood alcohol content constitutes grounds for suspension of driver's license at 0.051% as a result of the breath test conducted by the breath test; and (b) the Plaintiff signed and sealed the brea driver's statement stating the above contents on the breath driver's statement
(1) However, Article 44 of the Road Traffic Act provides that when there are reasonable grounds to recognize that a driver has driven a motor vehicle while under the influence of alcohol, he/she may measure whether the driver is under the influence of alcohol or not, and the driver who is dissatisfied with the result of the measurement may take a re-measurement by means of "blood gathering", etc. with the consent of the driver. As such, regardless of the type of administrative disposition, only the driver who is dissatisfied with the result of the re-measurement of blood gathering shall confirm the accuracy of the result of the measurement.