운전면허취소처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On January 9, 2020, at around 15:50, the Plaintiff driven approximately 2 meters of C vehicle while under the influence of alcohol content of 0.097% at the parking lot for the Seosan City B building (hereinafter “instant drinking driving”).
B. On March 11, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class 1 common) on the ground of the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on May 12, 2020.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 4, 5, Eul No. 1, 2, 4, and 6, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion b building parking lot, which is a drinking-driving place, is installed as a parking lot for only the users of B building, and it does not allow many and unspecified persons to enter.
Therefore, the instant disposition is not illegal because it is not a road under the Road Traffic Act.
B. Determination 1) Any person shall be prohibited from driving a motor vehicle, etc. while under the influence of alcohol (Article 44(1) of the Road Traffic Act); any person who violates this provision shall be punished by a certain punishment (Article 148-2 of the Road Traffic Act); and any person may revoke a driver’s license or suspend the driver’s license for a period not exceeding one year according to the standards as determined by the Ordinance of the Ministry of Government Administration and Home Affairs (Article 93(1)1 of the Road Traffic Act). However, the term “driving” includes a road (in the case of Articles 44, 45, 54(1),
Article 2 Subparag. 26 of the Road Traffic Act provides for the "Article 148-2", which is a provision on criminal punishment for drunk driving, while driving under the influence of alcohol, while Article 2 Subparag. 26 of the Road Traffic Act provides for the provision on criminal punishment for drunk driving, while driving under the influence of alcohol.