1. On May 2, 2019, the Defendant’s revocation of the suspension of 100-day driver’s license granted to the Plaintiff.

2. The costs of lawsuit shall be.

1. Summary of disposition;

A. On May 2, 2019, the Defendant issued a disposition suspending a driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff driven a D car from the front of the window B of Chang-si, Chang-si to the front road of about 30 meters, while under the influence of alcohol level of 0.065%, at around April 5, 2019.”

B. On May 30, 2019, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission. However, a ruling dismissing the Plaintiff’s claim was rendered on July 9, 2019.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff appears to have been driving at the time of measuring the Plaintiff’s assertion at a considerable interval of time between the Plaintiff’s point of alcohol alcohol and the point of time of blood alcohol concentration measurement. It is difficult to recognize that the Plaintiff was driving at the time when he was driving at a level higher than 0.05% of blood alcohol concentration.

Therefore, the instant disposition cannot be recognized as grounds for the disposition.

B. (1) In a situation where it is impossible to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol is an increase in the blood alcohol concentration, even if the blood alcohol concentration measured at the time when a considerable time has elapsed since the completion of driving, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeds the penalty standard.

Although there are differences for each individual, it is generally known that blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest level, and then 0.08 to 0.03% per hour (average approximately 0.015%) has decreased by 0.08 to 0.03% (average about 0.015%). If the driving is completed at the time of rise, the blood alcohol concentration at the time of driving may be lower than the blood alcohol concentration actually measured.

However, even though it is time between the driving point and the point of the blood alcohol concentration.