1. The revocation of the driver’s license granted by the Defendant to the Plaintiff on November 28, 2013 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of disposition;

A. On May 22, 2007, the Plaintiff had a record of driving under the influence of alcohol with the blood alcohol concentration of 0.057% and the blood alcohol concentration of 0.093% on June 11, 2007.

B. On November 8, 2013, between 22:00 and 23:30, the Plaintiff, while driving a chip and chip in the vicinity of the new forest of Gwanak-gu, Seoul Special Metropolitan City and then was discovered to the police officer at around 00:10 on November 9, 2013 while driving a chip car owned by the Plaintiff to the front side of Yeongdeungpo-gu, Seoul. At around 00:17, the blood alcohol concentration was measured to 0.05% as a result of the respiratory measurement at around 00:17, the Plaintiff’s speech and behavior, walking condition, and blood color were both improved.

C. At around 00:47, the collection of blood was made on the day according to the Plaintiff’s demand for the measurement of blood alcohol level, and the National Scientific Investigation Institute sent a reply to the measurement of 0.092% of blood alcohol level assessment.

On November 28, 2013, the Defendant issued a disposition to revoke the Plaintiff’s first-class ordinary driving license (hereinafter “instant disposition”) on the ground that the Plaintiff was driving under the third-time drinking alcohol pursuant to Article 93(1)2 of the Road Traffic Act, based on the Plaintiff’s blood appraisal result, and the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission (hereinafter “Central Administrative Appeals Commission”). However, the Defendant received a dismissal ruling on March 11, 2014.

[Ground of recognition] The fact that there has been no dispute, Eul evidence Nos. 1 through 14 (including each number), the purport of whole pleading

2. Whether the disposition is lawful;

A. In a situation where it is impossible to determine whether the blood alcohol level at the time of driving under the influence of alcohol is the rise point or lower point, even if the blood alcohol level measured at the time when the driving was completed at a considerable time exceeds the control point for drinking driving, it cannot be readily concluded that the blood alcohol level at the time of actual driving exceeds the control point for drinking driving.

There are differences for each individual, but in general, blood alcohol concentration between 30 minutes and 90 minutes after drinking.