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

A. On June 28, 2002, the Plaintiff: (a) was a person who obtained a Class II ordinary driver’s license from the Commissioner of the Korea Police Agency on October 26, 201; and (b) was a person who obtained a Class I ordinary driver’s license from the Commissioner of the Seoul Police Agency on September 25, 2011; and (c) on September 25, 2015, the Plaintiff was controlled against the police on the date of failing to comply with the alcohol measurement conducted by a police officer on four occasions by a police officer who was dispatched after receiving a 112 report on September 25, 2015.

B. On March 16, 2016, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (the instant disposition was conducted under the following) with respect to the refusal to comply with the alcohol alcohol measurement set forth in the preceding paragraph.

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on March 31, 2016, but the Central Administrative Appeals Commission dismissed the Plaintiff’s claim on May 10, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff's assertion (1) Article 44 (2) of the Road Traffic Act regulates cases where a police officer refuses to take a lawful drinking test despite a reasonable reason to recognize that a person driving a motor vehicle, etc. under the influence of alcohol. The plaintiff, although there were circumstances to recognize that the person driving a motor vehicle was driving a motor vehicle in the vehicle at the time of the so-called alcohol test, even though he did not peep into the circumstances to recognize that the person driving a motor vehicle was driving a motor vehicle, D and E requested the plaintiff to take a drinking test, and even if the plaintiff did not comply with it, it does not constitute a crime

(2) The Plaintiff is the representative of F, which is a company installing air-conditioning, but the company should operate its business every day as in a small-scale relationship with its business employees. If the driver's license is revoked, the instant disposition results in enormous impediment to the livelihood.