Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On November 16, 2018, the Plaintiff driven a motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.054% at the street in front of Asan-si B lending, Asan-si on the street, around 18:50.
(hereinafter referred to as “drinking driving of this case”). (b)
On September 26, 2012, while under the influence of alcohol 0.072%, the Plaintiff driven each motor vehicle while under the influence of alcohol 0.072%, and on December 1, 2016, while under the influence of alcohol 0.064%.
C. Accordingly, on December 21, 2018, the Defendant rendered the instant disposition to the Plaintiff on the ground that “A driver’s license (Class 1 large, Class 1 ordinary, and Class 2 driving) was revoked on the ground that “A person who has driven a motor vehicle twice or more alcohol again while under the influence of alcohol at least 0.05%.”
D. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on March 19, 2019. [In the absence of any dispute over the grounds for recognition, the entries in Gap’s 1, 2, and 3, Eul’s 1 through 9-4, and the purport of the entire pleadings.]
2. Whether the instant disposition is lawful
A. The purport of the Plaintiff’s assertion is that the place of drinking alcohol in this case does not fall under the road under the Road Traffic Act and the place of drinking alcohol in this case did not fall under the road under the Road Traffic Act, and thus, the blood alcohol level measurement is illegal. Thus, the instant disposition in this case is unlawful, and even if it is not so, the instant disposition in this case is in violation
B. According to Article 2 subparagraph 1 of the Road Traffic Act regarding the assertion that there is no ground for disposition 1, etc., the term "road" means a road under the Road Act, a toll road under the Toll Road Act, an agricultural and fishing village road under the Agricultural and Fishing Villages Maintenance Act, and a place where it is necessary to secure safe and smooth traffic of unspecified persons or motor vehicles and horses in reality, and whether it constitutes "road" under Article 2 subparagraph 1 of the Road Traffic Act shall be managed and used.