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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Details of the disposition;
A. On December 12, 2017, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (hereinafter “instant disposition”) on the ground that the Plaintiff driven an 2 cargo vehicle in the state of drinking alcohol concentration of 0.214% on the part of the Plaintiff on October 18, 2017, on the ground that the Plaintiff driven the 2 cargo vehicle in the state of drinking alcohol concentration of 0.214%.
B. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the said commission dismissed the Plaintiff’s request on January 23, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and Eul evidence 5 (if any, including the number; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff's assertion 1) The non-existence of the ground for disposition is a public figure owned by the plaintiff and the private premises connected to the above BBD building and thus, it cannot be seen as a road under the Road Traffic Act. 2) The plaintiff abuse of discretionary power does not cause any traffic accident due to drinking driving, while the plaintiff was not an agent at the time, he was not an agent at the time, but has been driving without the presence of an agent at the time. The plaintiff did not have a history of drinking driving, the plaintiff's duty and the need for a driver's license to maintain his livelihood, and the plaintiff's family form is difficult, and the disposition of this case is unlawful as it deviates from and abused its discretionary power.
B. 1) According to Article 2 of the Road Traffic Act, the term "driving" means using a motor vehicle or horse on a road (including places other than a road in cases falling under Articles 44, 45, 54(1), 148 and 148-2) according to its original purpose and use (Article 26). The term "road" here means a road pursuant to the Road Act (a) and a road pursuant to the Toll Road Act, a road pursuant to the Toll Road Act (b) and an agricultural and fishing village road pursuant to the Act on the Maintenance and Improvement of Agricultural and Fishing Villages, (c) a large number of unspecified persons, or motor vehicles and horses in reality.