The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

On June 29, 2019, around 22:20 on June 29, 2019, the plaintiff moved to the BMW parking lot of Seongdong-gu Seoul Metropolitan Government apartment apartment commercial building to the CRW car volume through the substitute driver, but disputes were raised with the substitute driver as a payment issue.

Accordingly, the proxy driver does not pay the plaintiff's agency fee in 112.

“The police box of the Sungdong Police Station in Seoul was sent to the police station to which the police box of the Sungdong Police Station belongs.”

The Plaintiff, on the ground that the parking condition of an acting driver is not good, was on board the said BMW and driven 5 meters in front and rear (hereinafter “instant driving”), and the acting driver taken the instant driving on a mobile phone.

The plaintiff paid the agency fee to the substitute driver and entered his office, and the substitute driver reported the driver's drinking, showing the motion picture taken by the police dispatched to the police, and reported the driver's drinking.

경찰은 14 층에 있는 원고의 집에 방문하여 대리 운전기사의 위 진술, 원고의 상태( 약간 혀 꼬부라지는 소리가 나고, 정상적 보행을 하지 못하며 조금 비틀거림, 얼굴이 벌겋게 상기됨) 등에 미루어 원고가 술에 취한 상태에서 운전을 하였다고

there are reasonable grounds for suspecting

In light of the Plaintiff’s demand for a breath test, the Plaintiff refused to take a breath test (hereinafter “instant refusal to take a breath test”). On September 7, 2019, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (class 2 ordinary) on the ground of the instant refusal to take a breath test (hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition filed an administrative appeal with the Central Administrative Appeals Commission on October 17, 2019, but was dismissed on November 22, 2019.

On August 27, 2020, the Seoul Eastern District Court recognized the Plaintiff’s refusal of drinking alcohol measurement of this case as criminal facts and imposed a fine of KRW 10 million.