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 November 13, 2013, the Defendant rendered the instant disposition to revoke the Plaintiff’s first-class ordinary driver’s license (license number: C) on the ground that “Around October 26, 2013, the Plaintiff was discovered while driving a b-class 2 truck in front of the distance string in the Southern-si Movement on the road in front of the walking distance, namely, on October 26, 2013, in which alcohol was discovered and thus demanded a drinking measurement by a police officer, but failed to comply with the measurement without justifiable grounds.”

B. The Plaintiff was indicted on charges of violation of the Road Traffic Act (refluence of measurement) due to the fact that he/she refused to take a drinking alcohol test. In the case No. 2014 Go-Ma406, the District Court rendered a judgment of innocence on September 18, 2014 on the ground that the police officer’s taking the Plaintiff into the police box was illegal arrest. However, the Plaintiff was convicted of a fine of KRW 5,00,000 from the appellate court (Seoul District Court 2014No2161) that was pending before the prosecutor appealed, and was sentenced to a judgment of conviction of KRW 5,00,000 from March 31, 2015. The Plaintiff appealed against this and appealed by the Supreme Court as the Supreme Court Decision 2015Do4962, Dec. 23, 2015.

[Grounds for recognition] The descriptions of evidence Nos. 1 to 18 of Eul and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s alleged police officer’s act of carrying the Plaintiff’s assertion to the police box constitutes an illegal arrest, and the request for the measurement of drinking conducted while illegal arrest is in itself unlawful. Thus, the instant disposition taken on the premise that the request for the measurement of drinking by a police officer is lawful is unlawful.

B. In a civil or administrative trial, even if it is not bound by the finding of facts in a criminal trial, the fact that a criminal judgment already finalized on the same factual basis is a flexible evidence, and thus, it is difficult to adopt a judgment of facts in a criminal trial in light of other evidence submitted in the civil or administrative trial, barring special circumstances.