자동차운전면허정지처분취소
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 May 25, 2018, while under the influence of alcohol at 07:25% of blood alcohol level, the Plaintiff is driving Bho-do car at the 14th front parking lot in the Yongsan-gu Seoul Yongsan apartment complex (hereinafter “instant apartment complex”) located in the 347 new-dong apartment complex (hereinafter “instant apartment complex”).
It caused a traffic accident in contact with a vehicle in the vicinity.
B. On June 16, 2018, the Defendant issued a notice of the suspension of Class 1 driver’s license to the Plaintiff on June 16, 2018 (110 days of the suspension period; hereinafter “instant disposition”) on the ground that the Plaintiff’s penalty points exceed 40 points on the violation of the prohibition of driving under the influence of alcohol, and that the Plaintiff’s penalty points exceed 110 points on the violation of the duty of safe driving.
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 August 14, 2018.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 2, Eul evidence Nos. 8 through 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is that the parking lot in the apartment complex of this case does not fall under the roads as stipulated in Article 2 subparagraph 1 of the Road Traffic Act, so even if the plaintiff was a drunk driver, the disposition of sanctions cannot be imposed.
The instant disposition based on a different premise is unlawful.
B. According to Article 2 subparagraph 26 of the Road Traffic Act, the term “driving” means using a vehicle or horse on a road (including places other than a road in cases falling under Articles 44, 45, 54(1), 148 and 148-2) according to its original purpose and use.
As above, while Article 2 subparagraph 26 of the Road Traffic Act on the concept of "driving" provides for "Article 148-2", which is a ground for criminal punishment for drunk driving, while driving under the influence of alcohol.