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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 May 21, 2015, at around 00:40 on May 21, 2015, the Plaintiff, while driving a coos car on the front of the 5th apartment apartment house located in the Yellowdong at the time of the race, was controlled, and the alcohol measurement method was conducted at around 01:05 on the same day, resulting in a blood alcohol concentration of 0.105%.
B. As a result of the Plaintiff’s blood collection and measurement around May 21, 2015, around 01:35, the result was that the Plaintiff’s blood alcohol concentration was 0.167%.
C. On July 3, 2015, the Defendant revoked the Plaintiff’s driver’s license (class 1 large, class 1 common) as of August 5, 2015, based on the result of the blood measurement conducted by the Plaintiff.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 3 (including paper numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The non-existence of the grounds for disposition was that the blood alcohol concentration at around 01:05 on May 21, 2015 was 0.105 at the time of the first respiratory measurement method, but the blood measurement result was 0.167% at the time of blood alcohol concentration at around 0.167% from the final drinking point ( around 00:40 on May 21, 2015), which is about 55 minutes near the highest point during the blood alcohol concentration increase period ( around 01:35 on the same day). Thus, the above blood measurement result is difficult to be deemed correct, and the blood alcohol concentration at the time of the instant control was high, and thus, the instant disposition is unlawful since the Plaintiff’s blood alcohol concentration at around 01:05, which was measured by the first respiratory measurement method, and thus, the Plaintiff’s vehicle accident at the time of the instant case’s driving permit or operation of a factory was not impeded if necessary for his family’s livelihood.