1. The plaintiff's claim is dismissed.

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

1. Details of disposition;

A. On November 22, 2016, at around 15:33, 2016, the Plaintiff driven a C freight vehicle in front of the entrance sewerage construction site at the Hamyeong-gun, Hamyeong-gun. On the said cargo vehicle, the Plaintiff was carrying the said cargo vehicle with the personnel department at the construction site. The Plaintiff, upon receiving 112 report, was snicking the Plaintiff at the Plaintiff’s entrance from the D police box sent out, and was demanded to voluntarily accompany the Hamb to the D police box at his/her discretion on the ground of the suspicion of drunk driving, such as snicking on the face and snicking on the face. The Plaintiff did not comply with the demand for a drinking test even though he/she was required to comply with a drinking test for about 30 minutes and four minutes at the above D police box.

B. Accordingly, on December 8, 2016, the Defendant revoked the Plaintiff’s license for Class I large vehicles, Class I ordinary vehicles, Class II ordinary vehicles, and Class II motor vehicles, respectively, on the ground that the Plaintiff was refusing to measure the alcohol level.

C. The Plaintiff appealed and filed an administrative appeal on January 13, 2017, but the claim was dismissed on February 14, 2017.

[Ground of recognition] without any dispute, Gap evidence 1, Eul evidence 9, Eul evidence 1, Eul evidence 9, Eul evidence 12, Eul evidence 12, the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) without notifying the police officer that he may refuse voluntary behavior, leading the Plaintiff to the police station in an anti-voluntary manner, which is illegal arrest that does not meet the requirements for voluntary behavior. As such, it constitutes justifiable grounds to refuse a drinking test on the ground that the request for a drinking test made based on this is illegal performance of duties. 2) The Plaintiff’s demand for a drinking test is not a demand for a drinking test immediately after driving, but a considerable time after driving, and the driving is short, and the driving distance is short, and the family’s livelihood is threatened if the driver’s license is revoked.