1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On May 17, 2016, the Defendant issued the instant disposition revoking the Plaintiff’s driver’s license as of June 21, 201, on the ground that the Plaintiff driven a vehicle under the influence of alcohol of 0.154% on November 25, 201, while under the influence of 0.146% on August 16, 201, while driving a vehicle under the influence of alcohol of 0.070% on May 5, 201, on two occasions, on the road located in Suwon-gu, Daegu-gu, for the reason that the Plaintiff driven a vehicle under the influence of alcohol of 0.07% on three occasions.

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a decision to dismiss the said claim on September 30, 2016.

【Fact-finding without dispute over the ground for recognition, entry of evidence Nos. 1 and 13, the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff’s assertion (1) that the blood alcohol content of the Plaintiff’s blood alcohol 0.070% is 0.070%, and there was a rise in the blood alcohol concentration at the time of the above alcohol measurement, and thus, it may be less than 0.050% at the time of drunk driving.

(2) In light of the fact that the Plaintiff abused discretion is in need of a driver’s license to find employment as a non-permanent employee, the instant disposition was unlawful as it abused discretion.

B. (1) In light of the following facts, which are acknowledged by comprehensively integrating the purport of the entire pleadings in each statement of evidence Nos. 2 through 5 as to the assertion of misunderstanding of facts, even if the alcohol level at the time of measuring the alcohol level falls under the increase of blood alcohol level, in light of the amount of alcohol at the time of measuring the alcohol level and the Plaintiff’s condition at the time of measuring the alcohol level, the Plaintiff’s blood alcohol level at the time of driving constitutes the criteria for revoking the driver’s license under Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic

On May 5, 2016, the plaintiff was found to have a drinking driving around 06:03 and about 16:19 minutes after the plaintiff was found to have been in the state of working in water.