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 July 18, 2018, at around 04:39, the Plaintiff: (a) while drinking alcohol, benz C220D car; (b) 500 meters from the front line of the Pyeongtaek-si apartment house to the underground parking lot of the above apartment house; (c) a police officer dispatched to the site; and (d) a police officer dispatched to the site was under the influence of alcohol, such as the Plaintiff’s inaccurate and little irregular distance; and (b) the Plaintiff requested the Plaintiff to measure drinking alcohol on four occasions, but the Plaintiff failed to comply with it without good cause.

B. On October 3, 2018, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the grounds of the Plaintiff’s refusal to take a drinking test (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on November 20, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion has been front of the Plaintiff’s substitute engineer on the same day. The instant disposition should be revoked because, in consideration of the following: (a) the Plaintiff’s substitute engineer was in the presence of an agent for the Plaintiff and the Plaintiff, while driving the car in order to move the car to the apartment parking lot; (b) there was no personal or material injury due to the Plaintiff’s drinking driving; (c) the Plaintiff is operating a singing room; (d) the Plaintiff is in operation of a singing room; (e) the Plaintiff is essential for driving the vehicle at a distance of 50km from the home; and (e) the Plaintiff is obliged to support his spouse and children, the instant disposition should be revoked because it is too harsh to the Plaintiff, thereby abusing the discretion.

B. The proviso of Article 93(1) of the Road Traffic Act and Article 93(3) of the same Act, even if there are reasonable grounds to recognize that a person was driven under the influence of alcohol, are police officers.