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 June 22, 2019, the Plaintiff is driving a motor vehicle with drinking alcohol on the street in front of the settlement of the apartment complex C Complex B in Sejong-si around 01:13.

In spite of a police officer's request for a drinking test, the police officer who was under drinking control refused the test.

(hereinafter “instant refusal of drinking alcohol measurement”). (b)

On July 5, 2019, the Defendant rendered a disposition revoking the Plaintiff’s driver’s license (class 1 large, class 1 ordinary) on the ground of the Plaintiff’s refusal to measure alcohol in the instant case (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on July 16, 2019, but was dismissed on August 29, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1-3 evidence, Eul's 1-6 evidence, the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff actively cooperates in the investigation of drinking driving, and the distance of drinking driving is relatively short, and human and physical damage has not occurred, and he has used it as an agent, and for 31 years of accidentless driving experience, and the plaintiff has to frequent access to the field of civil engineering works where it is difficult to transport as technical personnel, taking into account all circumstances, such as the vehicle operation is essential, economic difficulties, and there are family members to support, the instant disposition is beyond the scope of discretion or abuse discretionary power.

B. According to the above findings, it is recognized that the plaintiff did not comply with a breath test of a police officer despite the considerable grounds for recognizing that the plaintiff was under the influence of alcohol, and according to the proviso of Article 93(1)3 of the Road Traffic Act, if the plaintiff did not comply with a police officer's measurement despite the reasonable grounds for recognizing that the plaintiff was under the influence of alcohol, the driver's license shall be revoked as necessary.