1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On July 3, 2013, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license as of August 1, 2013 (hereinafter “instant disposition”) on the ground that the Plaintiff’s driving of a ccoo motor vehicle under the influence of alcohol from the salary distance in the salary 3 Dong-dong 624-19, Nam-gu, Daegu-gu, Daegu-gu, on May 26, 2013, on the ground that the Plaintiff was discovered and the police officer was asked to take a alcohol test but failed to comply with the measurement without justifiable grounds.

B. On July 26, 2013, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission rendered a decision dismissing the Plaintiff’s above claim on September 10, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff had been driving a vehicle at the time of the instant case through a substitute driving after drinking. However, on the wind disputing with a substitute driving engineer, a substitute driving engineer set up on the road and left the vehicle and left the vehicle. While the plaintiff moved the vehicle to a driver's seat, the plaintiff did not have to drive the vehicle as it was impossible to drive the vehicle as it was.

Nevertheless, the police officers belonging to the defendant demanded a drinking test by misunderstanding that the plaintiff was driving the above car while under the influence of alcohol and the plaintiff's refusal to do so. The defendant's disposition of this case based on the premise that the plaintiff was driving under the influence of alcohol was illegal.

(b) Entry in the attached Form of relevant statutes;

C. The ground for the disposition of this case 1 is that the plaintiff, while under the influence of alcohol, failed to comply with the request for a alcohol measurement by the police officer, and the above ground for the disposition of this case exists.

Domination, civil or administrative trials.