1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Details of disposition;

A. After being appointed as a civilian military employee on July 1, 1983, the Plaintiff served as a volunteer military employee from January 2, 2014 to the 50th B World War Veterans Corps.

B. On June 1, 2017, the Plaintiff was indicted for a violation of the Road Traffic Act (Refusal of measurement) with the following contents and was sentenced to imprisonment with prison labor for 6 months and one year of suspended execution by the court of first instance.

(No. 50 Military Court No. 2017No214, Dec. 7, 2017). The Plaintiff appealed and was sentenced to a fine of KRW 10 million in the appellate court on December 7, 2017 (No. 2017No214, a high military court) and the above judgment became final and conclusive as they are.

On August 20, 2016, around 00:34, the Plaintiff: (a) was driving a string halog vehicle into the same apartment E-dong parking lot from the front parking lot of the C Apartment-dong, Busan Metropolitan City to the same apartment E-dong parking lot; and (b) the part after the left side of the above vehicle being driven by the Plaintiff, which is the part where the victim parked in the underground parking lot, conflicts with the part that is facing the right side of the franchise vehicle that the Plaintiff gets driven.

On the same day, the Plaintiff was demanded to respond to the measurement of alcohol by inserting approximately 20 minutes during the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Plaintiff was driving under the influence of alcohol, such as making a fluor of a police box belonging to the police station of the Gyeongbuk-do Police Station, who was dispatched after being reported at around 00:45 on the same day, and taking a large amount of smell to the Plaintiff.

Nevertheless, the Plaintiff, “only once,” “the underground parking lot shall not be subject to the Road Traffic Act,” and “the ground parking lot shall not be subject to the alcohol test,” and the Plaintiff refused to take a alcohol test, and avoided it in a manner that does not put it in a proper part in the drinking-free measuring instrument, and did not comply with a police officer’s request

(hereinafter referred to as “instant misconduct”). C.

On February 9, 2018, the defendant passed a resolution by the Committee for the Disciplinary Action of the Assistant Soldiers' Group on February 50, 2018, and on February 27, 2018, the plaintiff committed the instant misconduct.