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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Details of the disposition;
A. On September 5, 2013, the Defendant issued a disposition to revoke the Plaintiff’s Class I ordinary driver’s license (E) on September 22, 2013, on the ground that “Around August 13, 2013, the Defendant driven a DNA vehicle in the state of drinking alcohol concentration of 0.126% in front of the Daejeon Seosung-gu C cafeteria” with respect to the Plaintiff on September 5, 2013 (hereinafter “instant disposition”).
B) On April 25, 2014, the Daejeon District Court (Seoul District Court Decision 2013Da3855) sentenced the Plaintiff to the charge of obstruction of the performance of official duties, the Road Traffic Act, the violation of the State Driving Act (No. 25, 2014) and the charges of violation of the State Driving Act (No. 25, 16, 201). On the same day, at around 22:45, the Plaintiff was found guilty of the charges of violation of the State Driving Act (No. 25, 2015), and tried to flee after being exposed to the C cafeteria’s drinking control, and tried to flee from the next day, after being found to have been found to have been exposed to the C cafeteria’s drinking alcohol control. The Plaintiff appealed the first instance court’s appeal on the charges of obstruction of the performance of official duties, and the first instance court’s appeal on the charges of violation of the State Driving Act (No. 25, 2014).
2. Whether the instant disposition is lawful
A. The Plaintiff’s notice of the result of the blood alcohol driving control (No. 1) is forged (whether her rinse, place of drinking alcohol measurement, last drinking time, lapse of 20 minutes, and mistake of the last drinking place) and the depositee’s “0.126%” as a result of the blood alcohol driving measurement. The instant disposition based on the erroneous results of the blood alcohol driving control is unlawful.
(b)a judgment 1-related legal administrative proceeding is not bound by the facts found in a criminal trial, even if they are not.