The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

On January 16, 2020, at around 21:06, the Plaintiff driven a car of Cschton on the front of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “instant driving”) and escaped while avoiding the crackdown on drinking alcohol, and thereby making the central bed and signal violations.

The police officers belonging to the new forest zone showed that there is a reason to suspect that the plaintiff had driven under the influence of alcohol in consideration of the following: (a) when making a speech in addition to the plaintiff's driver's behavior, (b) when making a speech, (c) a little big distance, (d) repeating the relevant unrelated horses, and (e) being reduced in drinking, etc.; (b) the plaintiff requested the plaintiff to take a b

However, the Plaintiff rejected a police officer’s demand for alcohol testing on four occasions (one time, 21:19, 21:26, 3 times, 21:35, 4 times, 21:41).

(2) On April 8, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class 1 common) on the ground of the Plaintiff’s refusal to measure alcohol in the instant case.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on April 27, 2020, but was dismissed on June 2, 2020.

[Reasons for Recognition] In full view of the fact that there is no dispute, Gap evidence Nos. 1 through 3, 6, Eul evidence Nos. 1 through 9 (including provisional numbers), the purport of the entire argument as to legitimacy of the disposition of this case, the plaintiff's traffic accident did not occur due to the plaintiff's assertion as to legitimacy of the disposition of this case, and the plaintiff's vehicle driver's license is necessarily necessary for the management of temporary agency personnel, and the driving is an important means to maintain the livelihood of his family, the disposition of this case is unlawful as it deviates

Judgment

Article 93 (1) 3 of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) stipulates that "the Commissioner of the Local Police Agency" is drunk for a person who has obtained a driver's license.