1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On August 31, 2014, the Plaintiff, at around 14:34, was found to have been driving a B knife car owned by the Plaintiff on the front side of the Gluri Kluri Klifa Klifackn Training Institute, and was found to have been exposed to the police’s drinking control.

On the same day 14:37, the Plaintiff’s blood alcohol concentration was measured at 0.053%.

B. On May 22, 2003 and February 25, 2012, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license for Class I and II motor vehicles (license number: Seoul) for the Plaintiff on October 1, 2014 pursuant to Article 93(1)2 of the Road Traffic Act (hereinafter “instant disposition”).

C. Accordingly, the Plaintiff filed an administrative appeal on December 11, 2014, but the Central Administrative Appeals Commission dismissed the appeal on February 3, 2015.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 6, Eul evidence Nos. 1 through 8 (including branch numbers), and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion (i.e., blood alcohol level 0.053% through the respiratory measurement at the time of the breath measurement at the time of the breath measurement, the Plaintiff explained that the breath’s blood alcohol level 0.053% was subject to the breath license suspension for 100 days, and that when blood measurement was conducted, the breath level higher than the breath measurement was generally made, and the Plaintiff renounced the “breath alcohol level by blood collection” with the intent of the breath police officer, but the Defendant revoked

As a result, the instant disposition based on the result of the pulmonary assessment is unlawful, so long as the Plaintiff’s opportunity to re-measurement due to the erroneous explanation by the enforcement officer was lost.

B. The Plaintiff completed 11:30 on the day of the pertinent drunk driving, and completed the 11:30 minutes and the punishment, and 3 remaining after the drinking during about 3 hours.