2. The costs of lawsuit shall be borne by the Plaintiff.

A. On August 23, 2019, at around 01:15, the Plaintiff driven a DNA car with alcohol level of 0.237% under the influence of alcohol level at the front of the C parking lot located in Seongbuk-gu, Sungnam-si, A (hereinafter “instant drinking”).

B. On September 26, 2019, the Defendant rendered a decision and notification to the Plaintiff on the revocation of 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 on October 16, 2019, but was dismissed on November 22, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 5 through 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion of mistake of facts is the place where the Plaintiff driven the instant drinking vehicle (hereinafter “the place of driving the instant case”).

(2) The instant disposition is unlawful since it does not fall under the “road” under the Road Traffic Act, and the Plaintiff’s assertion of abuse of discretionary power is deemed unlawful. 2) In light of all circumstances, the instant disposition is deemed to have exceeded the scope of discretionary power or abused discretionary power, taking into account the following: (a) the Plaintiff’s assertion of abuse of discretionary power is an employee engaged in the manufacture and installation of electronic devices for delivery, etc.; (b) the operation of a vehicle is essential;

B. The ground for revocation of a driver’s license under Article 93 of the Road Traffic Act is limited to the case of operating on the “road” as provided by Article 2 subparag. 1 of the Road Traffic Act, and it does not mean driving on any place other than the road.

In addition, according to Article 2, subparagraph 1 of the Road Traffic Act, the term "road" means a road under the Road Act, a toll road under the Toll Road Act, a rural road under the Act on the Maintenance and Improvement of Agricultural and Fishing Villages, and other unspecific persons, motor vehicles, and horses are made available to pass.