1. The plaintiff's claim is dismissed.

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

1. Details of disposition;

A. Around 00:50 on July 14, 2018, the Plaintiff holding a Class I driver’s license and a Class I driver’s license was requested to take a drinking test on three occasions from a police official who was under the control of drinking driving in the 106 Standing District Parking Lot, Seo-gu, Gwangju Metropolitan City on July 14, 2018.

B. On August 9, 2018, the Defendant issued a disposition revoking a driver’s license on the ground that the Plaintiff did not comply with a police officer’s demand for alcohol alcohol measurement despite reasonable grounds to recognize that the Plaintiff driven a vehicle while under the influence of alcohol (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the claim was dismissed on November 28, 2018.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Eul's 1 through 6 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that the plaintiff's assertion is that the plaintiff would not have any friendly ties with the person on the day of the case, that he moved the vehicle to a nearby district parking lot because he could not find any substitute driver, and that he would not have any substitute driver, so he would demand a drinking test and refuse it. The plaintiff did not cause an accident due to drinking driving, that he actively used the ordinary driving, that he actively used the ordinary driving, that he is an insurance solicitor, and that it is absolutely necessary to obtain a driver's license in the occupation, and that it is more unfavorable than the public interest to be gained by the disposition of this case if the driver's license is revoked, and thus, the disposition of this case is unlawful.

B. The proviso of Article 93(1)3 of the Road Traffic Act can be recognized as being under the influence of alcohol.