The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

On June 17, 2020, at around 18:20, the Plaintiff driven C Freight Vehicle on the front of B in the Namyang-si, Namyang-si.

(hereinafter “instant driving”). The instant cargo vehicle moved along the unfolded distance, and even after having contacted the central separation tin and the wheels, the unexploited person filed a report with 112.

The police officer, upon receiving the above report, requested the Plaintiff to take a breath test on the ground that there is a reason to suspect that the police officer was driving under the influence of alcohol, such as in-depth and large distance.

However, the plaintiff rejected the police's demand for a drinking test.

(2) On July 7, 2020, the Defendant revoked the Plaintiff’s driver’s license (Class 1 large, Class 1 common) on the ground of the Plaintiff’s refusal to measure alcohol in the instant case.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on July 16, 2020, but was dismissed on October 6, 2020.

[Reasons for Recognition] In full view of the facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 9 (including additional numbers), and the purport of the entire argument as to the legitimacy of the disposition of this case, the plaintiff's assertion as to whether the disposition of this case is legitimate is a cargo driver, and the driver's license is essential means to maintain the livelihood of his family, and thus, the disposition of this case is unlawful as it is an abuse of discretion.

Judgment

Article 93(1)3 of the Road Traffic Act provides that "the Commissioner of a Local Police Agency shall revoke a driver's license if a person who has obtained a driver's license fails to comply with a police officer's measurement despite reasonable grounds to believe that the person is under the influence of alcohol."

According to the language and text of the above provision, the commissioner of a district police agency is required for those who refuse to measure alcohol.