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 November 14, 2017, at around 22:15, the Plaintiff driven B vehicle while under the influence of alcohol content of 0.066% at the front of the Cheongpyeong-ro 33 Cheongpyeong-gu, Cheongpyeong-gu, Cheongpyeong-gu, Cheongpyeong-gu.

B. On November 30, 2017, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license (Class I common) on the ground of drinking driving more than three occasions.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on April 17, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 evidence, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On November 14, 2017, the Plaintiff asserted that the Plaintiff was the final drinking drinking alcohol in 22:10 on November 14, 2017. On November 14, 2017, the Plaintiff was found to have been exposed to 22:15 on November 14, 2017 and conducted a drinking alcohol measurement on November 22:37, 2017. At the time of the drinking alcohol measurement, the Plaintiff was at the time of the drinking alcohol concentration increase, and the control police officer was at the time of the drinking alcohol level so that the blood alcohol level exceeded 22 minutes from the drinking control to the drinking measurement.

Inasmuch as it cannot be readily concluded that the blood alcohol level at the time of the Plaintiff’s drunk driving was 0.05% or more of the control depositee, the instant disposition is unlawful.

B. Even if there is an interval between the 1 driving point and the 1 driving point of blood alcohol concentration measurement, and the time appears to increase the blood alcohol concentration, such circumstance alone cannot be deemed insufficient to prove that the blood alcohol concentration at the time of actual operation exceeds the control point of alcohol driving.

In such cases, whether it was above the standard level of regulating driving under the influence of alcohol at the time of driving is based on evidence such as the time interval between the driving and the measurement, the difference between the measured blood alcohol concentration and the standard level of regulating driving under the influence of alcohol, the continuous time and the amount of drinking, the behavior of the driver at the time of the control and measurement, and the situation of the accident if there was a traffic accident.