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 March 22, 2017, at around 23:55, the Plaintiff is driving a car on the front road located in Suwon-gu, Busan at around 3:5.

As a result of the respiratory measurement conducted by the police, it was confirmed that the blood alcohol concentration of 0.125% was the state of blood alcohol concentration, and thereafter, it was confirmed that the blood alcohol concentration was 0.117%.

B. On April 21, 2017, the Defendant issued a disposition against the Plaintiff to revoke the Plaintiff’s driver’s license on the ground of the foregoing drunk driving (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s appeal on July 4, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the plaintiff's assertion is that the blood alcohol level was higher than the blood alcohol level at the time of the plaintiff's blood alcohol level due to the circumstances of the above cancer surgery previously conducted, etc., and can be seen as the rise of blood alcohol level at the time of the blood alcohol level at the time of the blood alcohol level measurement, the distance of the blood alcohol level was short and there was no history of criminal acts, such as drinking driving, since the plaintiff acquired the driver's license, and the driver's license is essential to maintain the plaintiff's livelihood, and thus, the disposition of this case was unlawful since it exceeded and abused discretion.

B. 1) Determination 1) Even if there exists an interval between the time of driving and the time of measuring the blood alcohol concentration, and even if 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 driving exceeds the control standard for drinking driving.

In such cases, whether it can be seen that it was higher than the standard level of drinking driving even at the time of driving is the distance between driving and the measurement, and the blood alcohol concentration measured.