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 September 6, 2019, at around 04:50, the Plaintiff was exposed to police officials on the ground that he/she driven CP car while under the influence of alcohol (hereinafter “instant drinking”).

B. On September 6, 2019, around 04:56, police officers in charge of crackdown measured the Plaintiff’s alcohol level by the pulmonary measuring method, and measured at 0.108% of alcohol level.

C. On September 6, 2019, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (Class I ordinary) as of October 27, 2019 pursuant to Article 93(1)1 of the Road Traffic Act against the Plaintiff on the ground of the instant drunk driving.

(hereinafter “instant disposition”) D.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on November 19, 2019.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 8, Eul evidence 1 to 5 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Plaintiff’s assertion 1) The Plaintiff’s blood alcohol level increased at the time of driving under the influence of alcohol. Therefore, it cannot be deemed that the Plaintiff’s blood alcohol level at the time of driving under the influence of alcohol level was 0.108% or more at the time of measuring the alcohol level at the time of driving under the influence of alcohol. Furthermore, it cannot be readily concluded that the blood alcohol level at the time of driving under the influence of alcohol level was 0.08% or more, the reason for revoking the driver’s license. Thus, the instant disposition was erroneous in mistake of facts. 2) The Plaintiff did not have the history of driving under the influence of alcohol prior to driving under the influence of alcohol. 2) The Plaintiff was driving under the influence of alcohol only short distance, and did not cause personal and physical damage to others. The Plaintiff’s driver’s license is absolutely necessary for the Plaintiff in charge of all duties, such as mixed delivery and business, while operating one-person company.