1. On August 21, 2015, the Defendant’s revocation of the driver’s license for the Plaintiff on August 21, 2015 is a Class II driver’s license.

1. On August 21, 2015, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1, class 1, class 2, and class 2) as of September 8, 2015 on the ground that the Plaintiff’s driver’s license (hereinafter “instant disposition”) was discovered while driving a freight vehicle for B gallons (hereinafter “instant vehicle”) under the influence of blood alcohol concentration under the influence of alcohol concentration on July 10, 2015, but failed to comply with the traffic control police officer’s demand for alcohol measurement without justifiable grounds.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence Nos. 1, Eul evidence Nos. 1, 2 and 3 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Police Officer, at the time of the instant control, demanded a measurement of alcohol by putting the Plaintiff who had completed driving at the time of the instant control on the vehicle, and strongly demanded a measurement of alcohol at the time, refused the Plaintiff’s request, and forced the Plaintiff to put the Plaintiff into a police box without a warrant. The act of refusing a measurement of alcohol conducted without complying with such due process is illegal, and thus, the act of refusing a measurement is not deemed to constitute a refusal of the measurement of alcohol. However, the instant disposition was unlawful. 2) In light of the fact that the Plaintiff who was abused from discretionary power is engaged in a transportation business as an individual cargo supplier and thus, the Plaintiff’s livelihood is essential, and when the driver’s license is revoked, the instant disposition is excessively harsh and thus constitutes an abuse of discretionary power.

B. According to Article 80(2) of the Road Traffic Act and Article 53 [Attachment 18] of the Enforcement Rule of the Road Traffic Act, the reason for the instant disposition concerning the revocation of a Class II driver's license is that the Plaintiff refused the measurement of alcohol while driving a cargo vehicle. However, the driver's license for a Class II driver's license is not only the driver's license for a small driver's license, but also the driver's license