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 March 29, 2018, the Defendant issued a disposition to revoke a driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff, while under the influence of alcohol around 22:10 on February 15, 2018, driven from the second floor of the public parking lot in the Dong-dong located in Busan, to the outside of the parking lot exit in Busan, while under the influence of alcohol content of 0.126%.”

B. On April 9, 2018, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission. However, on May 25, 2018, the Plaintiff rendered a final judgment dismissing the Plaintiff’s claim.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Considering that the place of occurrence of the Plaintiff’s assertion does not fall under roads under the Road Traffic Act as a parking lot, that the Plaintiff’s entire vehicle did not go out of the parking fee settlement room, and that it did not enter the road beyond the parking lot completely, the instant disposition does not recognize the grounds for disposition.

B. (1) The term "road under the Road Act" means the road under the Road Act, the toll road under the Toll Road Act, and all other places used for the general traffic. The term "all places used for the general traffic" refers to the public place in reality, where the traffic order is given to an unspecified number of people or vehicles for the purpose of traffic, and where there is a public nature that the general traffic police authority for the purpose of maintaining the order of traffic, etc., but the place where only a specific person or a person with a specific building related thereto can be used and independently managed is not included (see, e.g., Supreme Court Decision 200Du6909, Jul. 13, 200). Meanwhile, the prohibition of driving a motor vehicle under the influence of alcohol under Article 41(1) of the Road Traffic Act is to ensure safe and smooth traffic by removing the traffic danger and obstacles that occur on the road.