The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

On January 21, 2020, at around 00:07, the Plaintiff driven the Clearning car on the front side of Guro-gu Seoul Metropolitan Government.

(hereinafter referred to as “instant driving”). At the time, a person under whose name the Plaintiff was the same as driving of a vehicle while under the influence of alcohol, and reported it to 112.

The police officers belonging to the new-ro zone, who called for this reason, required the plaintiff to take a breath test on the ground that there are reasons to suspect that the plaintiff was driven while under the influence of alcohol, such as that the plaintiff was able to take a breath test, a large distance, and so on.

However, the Plaintiff rejected a police officer’s demand for a drinking test three times.

(2) On February 13, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class 1 large-scale vehicle) 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 February 28, 2020, but was dismissed on April 28, 2020.

[Grounds for recognition] In full view of the fact that there is no dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 9, and the purport of the entire pleadings, the traffic accident did not occur due to the plaintiff's assertion as to the legitimacy of the disposition of this case, the distance of the plaintiff's driving is merely 150 meters, the plaintiff's driver's license is in charge of the automobile's duties in small and medium enterprises, and the driving is an important means to maintain the livelihood of his family, the disposition of this case is unlawful as it deviates from and abused

Judgment

Article 93 (1) 3 of the Road Traffic Act provides that "the Commissioner of a Local Police Agency shall revoke a driver's license if a person who has obtained a driver's license fails to comply with a police officer's measurement despite reasonable grounds to believe that the person is under the influence of alcohol."