KIM v. KANSAS DEPT. OF REVENUE

No. 73,437.

22 Kan. App.2d 319 (1996)

916 P.2d 47

SUNG BAE KIM, Appellant, v. KANSAS DEPARTMENT OF REVENUE, Appellee.

Court of Appeals of Kansas.

Opinion filed May 10, 1996.


Attorney(s) appearing for the Case

Richard D. Dvorak, of Overland Park, for appellant.

Colleen R. Harrell and Steve Stockard, student intern, of Kansas Department of Revenue, for appellee.

Before GERNON, P.J., GREEN, J., and DAVID PRAGER, Chief Justice Retired, assigned.


GREEN, J.:

The Kansas Department of Revenue (KDR) suspended Sung Bae Kim's driver's license for 1 year. KDR claimed that Kim had refused to submit to a blood alcohol test because he failed to furnish an adequate breath sample to the testing law enforcement officer. When Kim asked the trial court to review the decision of KDR, KDR moved for summary judgment. The trial court granted summary judgment in favor of KDR. On appeal, Kim contends that the trial court inappropriately...

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