The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On December 26, 2019, at around 21:46, the Plaintiff driven D vehicles in front of the Busan Gangseo-gu Seoul Building C store, and was found to have been under the influence of alcohol level of 0.087% as a result of the respiratory measurement. On the same day, the blood alcohol level was measured at 0.173% as a result of blood extraction around 22:12 on the same day.

B. On February 19, 2020, the Defendant issued a disposition to revoke the Class I ordinary driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) against the Plaintiff on the ground that the Defendant driven under the influence of alcohol level of 0.173%.

C. On March 13, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but the said claim was dismissed on June 2, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 42, Eul evidence Nos. 1-1, 1-2, 3-3 through 3-6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion (1) the interval between the respiratory measurement time and the blood collection measurement time is about 50 minutes, and the instant disposition based on the blood alcohol concentration of 0.173% of the blood collection measurement depositee is unlawful.

(2) In light of the fact that since the acquisition of the Class 1 ordinary driver's license on February 4, 2005, the traffic accident or drinking driving has no record of driving, around 800 meters moving from the state of drinking, interference with traffic flow, or no cause of traffic accident, the ordinary class of the ship, the use of the proxy driving, the cooperation in the enforcement process, the driver's license is necessary for the company as an employee belonging to the shipbuilding machinery and equipment company, the maintenance of livelihood and family support are difficult when the driver's license is revoked, the contribution to the society due to donation and blood donation, and the fact that the contribution was seriously against the driving of drinking, the instant disposition is unlawful by abusing the discretionary authority.

B. (1) Determination (1) The Plaintiff’s pulmonary measurement time on the blood alcohol concentration assertion is the time of determining the Plaintiff’s pulmonary measurement on December 2019.