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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On February 27, 2018, at around 22:40, the Plaintiff driven a DNA-learning car (hereinafter referred to as “sea-learning car”) in the state of alcohol with approximately 6km section of approximately 0.140% of blood alcohol alcohol concentration at the front intersection of the Gangseo-si Hospital, Gangwon-si, which is located in the 38-si, Seocheon-si, Seocheon-si.
(hereinafter referred to as “the instant drunk driving.” The Plaintiff, as it was unable to secure the safety distance in the process, caused the injury to two victims by shocking a vehicle that was driven prior to the same direction.
B. On March 19, 2018, the Defendant issued a disposition to the Plaintiff to revoke the Plaintiff’s driver’s license (the first-class, first-class, first-class, first-class, and second-class motor vehicle) pursuant to Article 93(1)1 of the Road Traffic Act on the ground of the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on March 20, 2018, but the said administrative appeal was dismissed on April 17, 2018.
【Uncontentious facts, Gap’s evidence Nos. 1, 2, 7, Eul’s evidence Nos. 1 through 9, 11, 14 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion ① The plaintiff dices alcohol until 22:20 or 22:25 on the day of drunk driving. Since the blood alcohol level measurement for the plaintiff was conducted around 23:03 after the expiration of 43 minutes, the plaintiff's blood alcohol level at the time was increased. ② Therefore, it cannot be readily concluded that the plaintiff's blood alcohol level at the time of drunk driving was above 0.1%, which is the criteria for the cancellation of driver's license, ③ the plaintiff was discharged from his alcohol level due to his alcohol driving, ④ the plaintiff was supported by his mother, and his wife and children, and the property of the plaintiff's family was completely revoked the driver's license.