1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. From April 1, 2016, the Plaintiff served as a combat support team leader B at the Planning and Operation Agency for the Science of the Army Education Headquarters at the Army Education Center (K).

B. From around 07:20 on April 27, 2016 to prevent the drinking-driving accident, C’s so-called the blood alcohol concentration was measured by 0.2% as a result of a drinking test as the alcohol level was measured as the alcohol level was measured to 0.2% for the Plaintiff who passed the relevant road at around 07:50 on the same day while he/she conducted the drinking control on the road in front of the C’s station of the Sculatory Team 26-315 on the south of the Gangwon-do Police Team.

Accordingly, the plaintiff was investigated on the charge of violating the duty to maintain dignity.

C. On October 17, 2016, the Defendant recognized the following facts of disciplinary action based on the statement of the Plaintiff and each written statement prepared by the Plaintiff D, and rendered a disposition of reduction of salary for one month against the Plaintiff pursuant to Article 56 of the Military Personnel Management Act against the Plaintiff.

(hereinafter) On April 27, 2016, around 07:45, the Plaintiff violated the duty to maintain dignity by driving the E-learning car under the influence of alcohol concentration of 0.2% in the 4km from the 4km section to the front road of the 26-315 knife-ro 26-315 in the south-gun of Gangwon-do.

【Facts without dispute over the grounds for recognition, Gap evidence 1, 4, Eul evidence 2, the purport of the whole pleadings

2. Whether the instant disposition is null and void

A. Article 44(2) of the Road Traffic Act provides that the Plaintiff’s assertion that “police officers” may be the subject of drinking alcohol measurement, and the military judicial police officers are not included in the above “police officers,” and there are no legal grounds for military judicial police officers to regulate drinking.

On the other hand, the Framework Act on the Status and Service of Military Personnel is not more than the same.