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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 October 8, 1997, the Plaintiff acquired a Class I ordinary driver’s license.
B. On March 2, 2017, at around 21:25, the Plaintiff driven at approximately 20 meters away from the front 32m section of the Yongsan-gu, Ulsan-dong defense-dong-dong-dong-dong-dong-dong-dong-dong-Jin-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, and the control police officer conducted a drinking test on the same day at around 21:34 on the same day
C. On April 4, 2017, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) on the ground of the fact of driving under the influence of alcohol.
On May 17, 2017, the Plaintiff received a summary order of KRW 3 million (Ulsan District Court 2017 High Court 2017 High Court 2339), and the said order was finalized on May 30, 2017.
E. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on July 11, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 1, 3 through 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) (1) The Plaintiff’s blood alcohol concentration at the time of the alcohol measurement and the Plaintiff’s blood alcohol concentration at the time of the alcohol measurement ought to be taken into account, and the Plaintiff’s blood alcohol concentration at the time of the alcohol measurement should not be ruled out that the result of the blood alcohol measurement conducted by the Plaintiff was excessive than the actual blood alcohol concentration. Therefore, the instant disposition is unlawful as it is based on an erroneous measurement result. (2) The Plaintiff’s assertion that the Plaintiff’s driver’s license was revoked is based on the erroneous measurement result. (2) The Plaintiff’s transfer of the department performing duties in the workplace, etc. due to the very difficult reason for commuting to and from work, the Plaintiff’s spouse and children, and the family members, such as the Plaintiff’s family members living in the medical care, and the background and degree of alcohol taking into account, etc., the instant disposition