1. Revocation of the first instance judgment.

2. On May 23, 2014, the Defendant’s revocation disposition of driving license issued to the Plaintiff on May 23, 201.

1. Details of the disposition;

A. On April 19, 2014, around 22:30, the Plaintiff operated a B-car on the front road located in Gangseo-gu Busan Metropolitan City C, and was found to have been drunkly driven by police officers. The Plaintiff measured the blood alcohol concentration with the respiratory measuring machine at around 22:43 on the same day, and the numerical value was 0.10% above the driver’s license revocation standard.

B. Accordingly, on May 23, 2014, the Defendant rendered a disposition to revoke the license for Class 1 ordinary and Class 2 ordinary driving (hereinafter “instant disposition”).

C. On June 9, 2014, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but was dismissed on July 8, 2014.

【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 5, Eul Nos. 1, 5, 6, 11, and 13, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) In light of the Plaintiff’s error in the breath test method, the blood alcohol level at the time of the Plaintiff’s breath test may be lower than 0.10%, and the Defendant’s disposition constitutes an abuse of discretionary authority and thus is unlawful, given that the Plaintiff’s breath level at the time of the breath test at the time of the breath test, at the time of the breath alcohol level at the time of the breath test and at the time of the breath test, the blood alcohol level at the time of the breath test did not reach 0.10% of the depositee measured thereafter. 2) Furthermore, the Plaintiff’s breath level at the time when the breath test method was taken into account various circumstances, including the fact that the breath level at the time was lower than 0.10% of the blood alcohol level at the time of the breath test, and that the distance of the breath test is relatively short.

B. Although there are differences for each individual, the blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and thereafter, approximately 0.08% to 0.03% per hour (average 0.015%).