1. The plaintiff's claim is dismissed.

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

1. On June 28, 2016, the Plaintiff issued the instant disposition that the Plaintiff revoked the Plaintiff’s Class 1 ordinary car driver’s license (license number: D) as of August 11, 2016, by applying Article 93(1)1 of the Road Traffic Act, on the ground that the Plaintiff driven a light-wise B apartment (hereinafter “instant apartment”) in front of 1006 on the roads where he/she was under the influence of alcohol content 0.15% (hereinafter “instant apartment”).

[Ground of recognition] No dispute, Gap 1, Eul 4 through 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff had been a substitute driver's vehicle before the 1006 apartment lot, which is the plaintiff's own home. As a result, there was a dispute with the borrower, etc. of the cargo vehicle. During that process, the plaintiff was under influence by the report of the borrower of the cargo that he had observed about 1.5 meters after driving a vehicle directly for the passage of another vehicle. However, the place of the plaintiff's driving is a parking lot within the apartment complex, which is not a road under the Road Traffic Act, and therefore the plaintiff's act is not a driving on the road, and thus, it does not constitute a drunk under the Road Traffic Act.

B. 1) The term “road” under Article 2 subparag. 1 of the Road Traffic Act means a road under the Road Act (A).

(b) the roads as provided by the Toll Road Act;

(i)a rural road under the Rural Road Improvement Act (C).

(i) An open area actually necessary to ensure safe and smooth movement of traffic of many unspecified persons, motor vehicles, and horses.

the title is defined as follows.

(d) in particular:

The place prescribed in each item refers to a place where the general traffic police authority has a public nature. Accordingly, whether it is a road or not shall be an unspecified number of persons in reality in light of the status of management and use of the driving place.