1. The plaintiff's claim is dismissed.

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

1. On April 9, 2017, the Defendant issued a disposition to revoke the Plaintiff’s first-class ordinary driver’s license by applying Article 93(1)2 of the Road Traffic Act on May 26, 2017, on the ground that the Plaintiff driven B automobiles while under the influence of alcohol level of 0.053% on the roads before the medicinal wave located in the Seo-gu Busan Metropolitan City (hereinafter “instant disposition”).

[Ground for recognition] Unsatisfy

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The illegal Plaintiff was rejected on the ground that he requested the police to collect blood at the time of the crackdown on drunk driving of this case, but 30 minutes or more after the breath test was conducted. Since this is an illegal drinking test, the instant disposition based on this premise is unlawful. 2) The Plaintiff’s deviation and abuse of discretionary power constitutes class 7 in the case of a person who rendered distinguished services to the State, the Plaintiff’s father is class 4 in the case of a person who has rendered distinguished services to the State, and the mother is class 3 in the case of a physical disability, and the Plaintiff suffers from dementia. In order for the Plaintiff to become his parents and go to the hospital, the Plaintiff’s driver’s license is necessary, and the Plaintiff’s license is too harsh and was engaged in volunteer activities such as the transfer of the aged by driving his automobile

B. 1) With regard to the illegality of a breath test, a measurement conducted by a police officer to determine whether a driver under Article 44(2) of the Road Traffic Act is under the influence of alcohol should be understood as a measurement conducted by a breathr, namely, a method of objectively converting the degree of the drinking from the breath to the degree of the drinking. Moreover, a police officer’s request for a measurement conducted by a breathr to a police officer against a breathr’s measurement result and demand a breathr’s measurement by blood collection method,