1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

가. 피고는 2015. 11. 4. 원고에 대하여, 원고가 2015. 10. 20. 20:50경 대구시 수성구 시지동에 있는 불상의 포장마차 앞에서 혈중알콜농도 0.102%의 술에 취한 상태에서 본인 소유 B 투싼 승용차량을 경북 경산시 중산동에 있는 팡팡중고자동차상사 앞까지 운전하였다는 이유로, 2015. 12. 7.자로 원고의 자동차운전면허를 취소하는 이 사건 처분을 하였다.

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the said claim on January 12, 2016.

【Unfounded facts, entry of evidence Nos. 1 and 7, and the purport of the whole pleadings】

2. Whether the instant disposition is lawful

A. (1) The Plaintiff’s assertion that the blood alcohol content of the Plaintiff by mistake of facts is 0.102%, and there was a rise in the blood alcohol level at the time of the measurement of alcohol level, and thus, it may constitute less than 0.1% at the time of driving under the influence of alcohol.

(2) In light of the fact that the instant disposition is too harsh and constitutes abuse of discretion, in light of the fact that the instant disposition is too harsh and constitutes abuse of discretion, and thus constitutes abuse of discretion.

B. (1) In light of the following facts, which are recognized by comprehensively considering the overall purport of pleadings as to whether to misunderstanding the facts, (1) the Plaintiff’s blood alcohol concentration at the time of measuring the alcohol level falls under the increase of blood alcohol level at the time of measuring the 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, it is determined that the Plaintiff’s blood alcohol content at the time of driving falls under the criteria for revoking the driver’s license under Article 91(1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act. Furthermore, the Plaintiff had the history of driving on November 24, 202 and April 7, 2008, and this third day is the drinking driver, and according to Article 93(1) proviso and Article 93(2) of the Road Traffic Act.