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 September 9, 2014, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (hereinafter “instant disposition”) pursuant to Article 93(1)1 of the Road Traffic Act on October 7, 2014 on the ground that the Plaintiff driven a B motorcycle under the influence of alcohol content of 0.127%.

B. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on November 18, 2014.

C. Meanwhile, the Plaintiff was indicted by the Seoul Southern District Court 2014Kadan4486 and was sentenced to a suspended sentence of one year in March due to the above drinking driving, and the Plaintiff appealed and appealed, but all of the appeals were dismissed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 13, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion only caused a motorcycle to be taken by hand at the time, and caused the driver to drive it.

Nevertheless, the Defendant’s disposition of this case was unlawful on the premise that the Plaintiff was making a drunk driving.

B. In a civil trial, the fact that a criminal judgment, even though not bound by the fact-finding in a criminal trial, was found guilty of the same fact-finding is a flexible evidence. Thus, barring special circumstances where it is deemed difficult to adopt a criminal trial’s factual judgment in light of other evidence submitted in a civil or criminal trial, the facts opposed thereto cannot be recognized (see, e.g., Supreme Court Decision 97Da24276, Sept. 30, 1997). It does not change the administrative trial.

On the other hand, the plaintiff is found guilty of the facts of drinking driving, which are the reasons for the disposition of this case, and the evidence submitted by the plaintiff alone is insufficient to employ a judgment of facts in the criminal trial.