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 5, 2017, around 00:20 on October 5, 2017, the Plaintiff driven D vehicles with blood alcohol concentration of 0.10% at the frontway in Seo-gu Daejeon, Seo-gu, Daejeon.

B. On October 23, 2017, the Defendant rendered the instant disposition to revoke the Plaintiff’s driver’s license on the ground of drinking driving.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on December 12, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4, Eul evidence 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The non-existence of the grounds for disposition is a parking lot that does not constitute “road” under the Road Traffic Act, and there is no ground for the instant disposition. (2) The Plaintiff’s abuse of discretionary authority is a small-scale proprietor engaged in retail and repair business of a sports organization, who requires a driver’s license to perform his/her occupation and maintain livelihood; and the Plaintiff’s substitute driver left a parking lot and left a parking vehicle easily, and the instant disposition is erroneous in the misapprehension of discretionary authority, by taking account of the fact that the Plaintiff’s substitute driver left a parking lot and left a parking vehicle.

B. Determination 1) As to the existence of the grounds for disposition, Article 2 subparagraph 1 of the Road Traffic Act provides that roads under the Road Act, toll roads under the Toll Road Act, rural roads under the Agricultural and Fishing Villages Improvement Act, and other places in which it is practically necessary to ensure safe and smooth flow of traffic by unspecified persons, motor vehicles, and horses (hereinafter referred to as “roadss”).

In full view of the contents and images of the evidence Nos. 4-4-8 of this case’s parking lot of this case’s parking lot is adjacent to the road and there is no access control by security guards or blockingrs, etc.