1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On December 4, 2017, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license based on Article 93(1)3 of the Road Traffic Act on the ground that “the Plaintiff was drunkly driven a dump truck on the front day of Jinjin-si, on September 22, 2017, and was found to have failed to comply with the police officer’s demand for alcohol measurement without justifiable grounds.”

B. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on November 16, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 6, Eul evidence 1 and 27, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Plaintiff’s assertion 1) The Plaintiff did not notify that a traffic control police officer would measure alcohol more than three times at the time of the request for a alcohol measurement. The Plaintiff, while faithfully engaged in the first and second measurements at the time of the alcohol measurement, it cannot be objectively evident that the Plaintiff had no intent to respond to a alcohol measurement because the Plaintiff failed to comply with the third measurement demand, on the ground that the pertinent disposition was unlawful. 2) Considering the fact that the pertinent driver’s license is essential for the performance of duties and family’s livelihood, the instant disposition is unlawful by abusing its discretionary power by excessively harshing the Plaintiff and abusing its discretion.

B. 1) Determination of whether there is a ground for disposition (A) a police officer has discretion to a certain extent with regard to the method or frequency of measurement to the extent reasonably necessary when a police officer measure the drinking or the degree of drinking.

In addition, "in case of failing to comply with a breath test of a police officer" under Article 148-2 (1) 2 of the Road Traffic Act means a case where it is objectively recognized that a driver who has reasonable grounds to recognize that he/she is under the influence of alcohol has no intention to comply with a breath test in light of the overall