1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff acquired a first-class ordinary driver’s license on May 10, 2005, and was under the influence of alcohol around 05:52 on April 28, 2016, while driving a car on the road located in Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon, 592-5, and was under the influence of alcohol, and was under the control of the police. The Plaintiff’s blood alcohol content was 0.054% of the measurement value by the respiratory measuring instruments around 06:15 on the same day, and the measurement value by blood collection was 0.065% on the same day.

B. On October 23, 2007, the Defendant issued the instant disposition revoking the Plaintiff’s above driver’s license pursuant to Article 93(1)2 of the Road Traffic Act, on the ground that the Plaintiff, while driving under the influence of alcohol at least 0.068% and 0.060% of blood alcohol level on July 29, 201, was in violation of Article 44(1) of the Road Traffic Act on at least two occasions.

C. The Plaintiff appealed and filed an administrative appeal, but was dismissed on September 30, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 through 6, Eul evidence Nos. 1 through 16 (including branch numbers), the purport of the whole pleadings

2. The legality of the instant disposition

A. The Plaintiff’s blood alcohol content of the Plaintiff’s assertion was 06:15 on April 28, 2016 around 06:054%, and the blood alcohol content was 0.065% on around 06:43 around 06:63, and the blood alcohol content was risen by deeming that around 06:065% was 0.01%.

Therefore, it is difficult to readily conclude that the blood alcohol concentration at around 05:50 on the same day as the Plaintiff actually driven was at least 0.05%.

Therefore, the instant disposition is unlawful because there is no ground for disposition.

B. In a situation where it is impossible to determine whether the blood alcohol level at the time of driving is the rise in the blood alcohol level, or when it is difficult to determine whether the blood alcohol level at the time of driving, even if the blood alcohol level measured at the time when a considerable time has elapsed since the completion of driving, the blood alcohol level at the time of actual driving.