자동차운전면허취소처분취소
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 August 18, 2017, around 01:20, the Plaintiff driven C-si (hereinafter “instant taxi”) under the influence of alcohol from around 501 to around 403 only from around 501 Dong-gu B apartment (hereinafter “instant apartment”). On the same day, at around 01:47, the Plaintiff was measured with blood alcohol content at 0.164%.
B. On September 6, 2017, the Defendant issued a disposition revoking a driver’s license (Class I ordinary) as of September 29, 2017 (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff driven a motor vehicle as above.
C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed by the Central Administrative Appeals Commission on November 14, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 7, 13, Eul evidence Nos. 1 through 10 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) The place where the Plaintiff was driving does not fall under the “road” under the Road Traffic Act as the parking lot of the apartment of this case, and thus is not subject to the revocation of a driver’s license. 2) Considering the following circumstances: (a) the place where the Plaintiff was driving the instant vehicle, the distance from driving the vehicle, the developments leading to the Plaintiff’s contact with the apartment security guards to move the vehicle without any choice; and (b) the Plaintiff’s revocation of a driver’s license as an individual taxi driver, making it difficult for the Plaintiff to live; and (c) the license for private taxi business is revoked, it is unlawful
B. Determination 1) According to the relevant legal doctrine and Article 2 subparagraph 1 of the Road Traffic Act, “road” means a road under the Road Act, a toll road under the Toll Road Act, an agricultural and fishing village road under the Act on the Maintenance and Improvement of Road in Agricultural and Fishing Villages, and other unspecified numbers in reality.