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 September 8, 2018, at around 19:56, the Plaintiff driven a motor vehicle with approximately 4-5 meters of alcohol level 0.152% while under the influence of alcohol at the parking lot following the Jin-si Building B (hereinafter “instant parking lot”).

B. Accordingly, on September 28, 2018, the Defendant rendered a disposition of revocation of a driver’s license (class 1 large and class 1 ordinary) to the Plaintiff on October 26, 2018 (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on January 15, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 9 evidence, Eul evidence 1 to 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion does not correspond to roads under the Road Traffic Act, and even if not, the instant disposition is in violation of the law that deviates from and abused discretion by excessively harshing the Plaintiff.

B. In the case of Article 4, 45, 54 (1), 148, and 148-2 of the Road Traffic Act, the term "driving" of Article 2 subparagraph 26 of the Road Traffic Act as to whether the instant parking lot falls under a road under the Road Traffic Act includes a place other than a road.

The term "use of vehicles and horses" means the use of vehicles and horses according to their original purpose and use.

Article 2 subparagraph 1 of the same Act provides that "road" means a road (a) under the Road Act, a road under the Toll Road Act (b) and an agricultural and fishing village road under the Act on the Maintenance and Improvement of Road in Agricultural and Fishing Villages (c) and a public place in which the safe and smooth traffic of motor vehicles and horses is required in reality so that they can pass through.

(b) means the following:

"........"

Article 2 subparagraph 1d of the Road Traffic Act.

Whether it falls under any of the following items is an open area actually made public for the passage of many and unspecified persons or vehicles in light of the status of the management and use of apartment houses.