자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 9, 2018, the Defendant issued a disposition to revoke the Plaintiff’s first-class ordinary driver’s license (hereinafter the instant disposition) by applying Article 93(1)1 of the Road Traffic Act on June 9, 2018, on the ground that the Plaintiff driven C motor vehicle while under the influence of alcohol level of 0.154% on the side of B apartment 109, 109-dong, located adjacent to Busan YY (SY).
[Ground for recognition] Unsatisfy
2. Whether the instant disposition is lawful
A. The plaintiff's assertion 1) The place where the plaintiff drinking driving was conducted is not a road. ① The apartment complex is located within the apartment complex. The apartment complex is located outside the entrance, and the passage of the outside person is not free. ② The above entrance is installed, which allows only residents or people with a specific building. ③ The above entrance is in principle obstructed the entry of outside vehicles. ④ The above entrance is installed with a notice that "to pass through the guard room", ④ there is a sign of prohibition of parking at the apartment complex for the control of the outside vehicle, and the security guards are not only installed at the apartment complex, and it is difficult to view that there are many and unspecified traffic is scheduled, considering the fact that the point where drinking driving was controlled is used as a parking space of the residents, and the place where drinking driving was controlled is not a road under the Road Traffic Act. ② The plaintiff in the above entrance is installed, and the entrance is allowing only residents or people with a specific building, and it is difficult to change the parking space of the apartment complex to the remaining parking space due to drinking distance.