1. The plaintiff's claim is dismissed.

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

1. On April 8, 2016, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (Class 1 large and Class 1 ordinary) as of April 26, 2016, on the ground that the Plaintiff driven the B-learning car under the influence of alcohol concentration of 0.115% on the front of a company bank located in the Jin-gu, Jin-gu, Jin-gu, Kim, Seoul on March 11, 2016 (hereinafter “instant disposition”).

On May 2, 2016, the Plaintiff filed an administrative appeal against the instant disposition with the Central Administrative Appeals Commission, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on July 12, 2016.

[Reasons for Recognition] Evidence No. 1-4, Evidence No. 1-2, Evidence No. 1-2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was made by the Plaintiff from March 11, 2016 to around 23:55 after drinking alcohol. As such, the result of the blood alcohol measurement conducted by the Plaintiff was measured at the rise level of blood alcohol level, and thus, the Plaintiff’s blood alcohol level is higher than the actual blood alcohol level at the time of driving, the Plaintiff’s driver’s license is essential to maintain his/her family’s livelihood by engaging in his/her occupational activities, and the Plaintiff has no record of driving alcohol, and thus, the instant disposition was unlawful since it deviates from and abused discretionary authority.

B. As alleged by the Plaintiff, even if the Plaintiff deemed to drink until March 11, 2016 by around 23:00, the Plaintiff’s blood alcohol level at the time of drunk driving appears to fall under 0.1% or more, which is the criteria for the revocation of driver’s license under Article 91(1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act, in light of the circumstance that the Plaintiff was measured by b3:5 at around 23:43, a drunk alcohol level at around 12 minutes after the detection of drunk driving, and the blood alcohol level was measured by 0.15% as a result of the pulmonary measuring instrument at around 23:55, and that at the time, the face color at the time was measured by 0.15%, and that the Plaintiff’s blood alcohol level at the time of drunk driving is found to fall under the condition of 0.1% or more, which is the criteria for the revocation of driver’s license.