1. The plaintiff's claim is dismissed.

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

1. (1) Around 17:40 on December 25, 2017, the Plaintiff: (a) driven a Do-type car at a restaurant parking lot located in Sungsung-si B and started at an unspeed speed; (b) neglected to perform the duty of e-mailing; and (c) caused injury to the victim E (60 years old, South) driving seat front seat of the Plaintiff’s driver’s seat in front of the Plaintiff’s seat in front of the driver’s seat; and (d) neglected the Plaintiff’s duty of e-raying in front of the driver’s seat in front of the Plaintiff’s seat in front of the driver’s seat.

On the ground that there is a reasonable ground to recognize that a drunk was driven by drinking, such as smelling in the Plaintiff’s entrance, etc., which was dispatched after receiving a report from the victim at the time, the Gyeonggidong Police Station G Police Station H and Police Officer I demanded the Plaintiff to take a drinking test at intervals of 5 minutes at intervals of 3 minutes.

The plaintiff refused to take a drinking test without any justifiable reason.

B. On January 18, 2018, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)3 of the Road Traffic Act, which revoked the driver’s license (class 1 common and class 2 common).

Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Mar. 6, 2018).

【Facts without dispute over the grounds for recognition, Gap’s 1, 4 evidence, Eul’s 4 through 17, the purport of the whole pleadings

2. (i) Whether the instant disposition is legitimate, the Plaintiff asserts that the place that the Plaintiff driven is not a cafeteria parking lot, but a road as provided by the Road Traffic Act, and that the instant disposition should be revoked as illegal since the Plaintiff did not refuse to take a drinking test normally even though it was so difficult to do so by the drinking measuring machine, but the part under the influence of alcohol did not have to take a drinking test normally.

According to Article 44 of the Doll Road Traffic Act, no person shall drive a motor vehicle, etc. while under the influence of alcohol (paragraph (1)), and police officers shall make a alcohol in violation of paragraph (1).