The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On August 15, 2020, at around 02:55, the Plaintiff driven a Category of DH car under the influence of alcohol concentration of 0.121% while under the influence of alcohol in the instant public parking lot in front of the Daegu Dong-gu Bel (hereinafter “instant public parking lot”).

B. On September 25, 2020, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (class 2 ordinary) as of October 20, 2020 pursuant to Articles 93(1)1 and 44(1) of the Road Traffic Act against the Plaintiff on the ground of the instant drinking driving (hereinafter “instant disposition”).

The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on November 17, 2020.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 6 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The place where the Plaintiff driven alcohol does not constitute “road” to which the Road Traffic Act applies as a passage along the instant public parking lot.

Therefore, the instant disposition is unlawful on a different premise.

2) While the Plaintiff was a substitute driver, he was driving 40 meters or more to park on the parking line by moving the vehicle so that it does not interfere with the passage of other vehicles by leaving the vehicle while leaving the situation of leaving the vehicle. In light of the circumstances of driving alcohol, the instant disposition is an illegal disposition that excessively exceeds the benefits of the Plaintiff in light of the legal interests protected by the instant disposition, and thus, the instant disposition is an unlawful disposition that deviates from and abused the discretion.

B. (1) As to whether a road falls under “road” under the Road Act, driving of drinking, which is the ground for revocation of a driver’s license pursuant to Article 93 of the Road Traffic Act, is driving on the road as prescribed by Article 2 subparag. 1 of the same Act.