The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the Plaintiff’s assertion that is emphasized by the court of first instance, with the exception of adding the following “2. Additional determination”, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act

2. Additional determination

A. In a case where the Plaintiff’s blood alcohol level increase, it is necessary to strictly prove that the numerical value is more than 0.03%, which is the standard values for punishment for drunk driving.

Even if the Plaintiff’s blood alcohol level was 0.05% due to the Plaintiff’s blood alcohol level 60 minutes after the Plaintiff’s completion of drinking, it cannot be readily concluded that the blood alcohol level was 0.03% or more at the time of driving.

Therefore, the instant disposition, based on the premise that the Plaintiff’s blood alcohol concentration was at least 0.03% at the time of driving, is unlawful.

B. Although the court of the lawsuit of the relevant legal doctrine is not bound to the fact-finding of the relevant final and conclusive judgment, the facts acknowledged in the relevant final and conclusive judgment are significant evidence in the administrative litigation. Thus, barring special circumstances where it is difficult to adopt the relevant final and conclusive judgment in light of other evidence submitted in the administrative litigation, the facts opposed thereto cannot be acknowledged.

(see, e.g., Supreme Court Decision 2018Du66869, Jul. 4, 2019). In a situation where it is impossible to determine whether the blood alcohol level at the time of driving under the influence of alcohol is the rise of the blood alcohol level, or when it was lower time, even if the blood alcohol level measured at the time when the driving was completed at a considerable time exceeds the punishment standard, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeded the punishment standard.

Although there are differences for each individual, the blood alcohol concentration between 30 minutes and 90 minutes after drinking has reached the highest level, and thereafter, the blood alcohol concentration is weak.