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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On March 31, 1995, the Plaintiff acquired a Class-I ordinary driver's license on February 21, 2008, and acquired a Class-I ordinary driver's license on November 17, 2009.
B. On October 23, 2014, the Defendant driven C cab while under the influence of alcohol content of 0.248% in the Cheongju-si B apartment parking lot (hereinafter “instant parking lot”) around September 22, 2014, and around September 22, 2014, the Plaintiff driven C cab with alcohol content of 0.248%.
(hereinafter referred to as “drinking driving of this case”) notified the revocation of the driver’s license for reason of the same.
(hereinafter “instant disposition”). C.
Accordingly, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on November 4, 2014, but the said claim was dismissed on December 9, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 7, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The instant parking lot, which the Plaintiff asserted, is driving by the Plaintiff, does not constitute “road” under the Road Traffic Act, under which an unspecified number of people or vehicles pass, because it controls the outside person’s access while managing the instant parking lot independently at the B apartment management office, and the Plaintiff merely driven a taxi which was parked in the passage while the front door of the driver’s seat opened, and did not enter the road, so the disposition of the instant parking lot on the ground that the Plaintiff driven a drunk on the “road” as prescribed by the Road Traffic Act, is unlawful.
(b) as shown in the attached Form of the relevant statutes;
C. Article 2 subparagraph 1 of the Road Traffic Act provides that "road" means a road under the Road Act, a toll road under the Toll Road Act, and other places where it is actually necessary to secure safe and smooth traffic of many and unspecified persons or motor vehicles and horses.