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 October 27, 2014, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (hereinafter “instant disposition”) on the ground that “the Plaintiff, while under the influence of alcohol on September 24, 2014, at around 0.107% of blood alcohol content, driven a part of approximately 15 meters on the street in the Yongsan-gu Incheon Metropolitan Government apartment C apartment 205-dong, Yongsan-gu, Busan Metropolitan City, on the ground that “the Plaintiff driven a part of approximately 15 meters on the street” (hereinafter “instant disposition”).

B. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but received a dismissal ruling on January 27, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 5, whole purport of oral argument

2. Whether the disposition is lawful;

A. The plaintiff's assertion 1) The non-existence of the ground for disposition is a vehicle driving 1-2 meters in the apartment parking zone within the apartment parking zone, and it does not fall under the case of driving on the road. 2) The plaintiff abuse of discretionary power, at the parking lot in the residential area, brought about a dispute between the substitute driver and the motor vehicle under the influence of alcohol while driving a short distance to correct the parked motor vehicle. At the time, the blood alcohol concentration at the time exceeds 0.107% and the deposit manager whose blood alcohol content exceeds the revocation standard, and the driver's license is necessary to maintain his livelihood, etc., the disposition in this case is excessively harsh to the plaintiff, thereby abusing the discretion.

B. Article 2 subparagraph 1 of the Road Traffic Act provides that the term “road” means all places used for the road under the Road Act, the toll road under the Toll Road Act, and other general traffic. Here, “any place used for general traffic” refers to an area in reality where an unspecified person or vehicle is open to the public for the purpose of maintaining order in traffic, and where there is a public nature of the general traffic police authority for the purpose of maintaining order in traffic, and a specific person or related person.