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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Claim:
Reasons
1. Details of the disposition;
A. On September 24, 2002, the Plaintiff acquired Class 1 ordinary car driving license (E).
B. On August 18, 2013, at a place (hereinafter “instant place”) used as a parking lot, such as G cafeteria, located in front of the Chungcheongnam-gun B Sports Park (hereinafter “instant place”), the Plaintiff shocked the D car that was parked in the same place while driving C in the state of alcohol concentration of 0.056%.
C. On November 19, 2013, the Defendant issued a disposition to revoke the Plaintiff’s first-class ordinary driving license as of December 24, 2013 (hereinafter “instant disposition”) pursuant to Article 93(2) of the Road Traffic Act, on the ground that “The Plaintiff’s 30 points with the median line, the 110 points with the 110 points (10.056 points with the 10% point with the 140 point with the 140 point with the 15% point with the 140 point with the 140 point with the 140 point with the 140 point with the 10 point with the 121st, 201 points with the 10 point with the 140 point with the 140 point with the 10 point with the 10.0 points
On February 11, 2014, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 8, Eul evidence Nos. 2, 4, 5, 14, 17, and 18, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The instant case where the Plaintiff’s alleged vehicle driving is not a road under the Road Traffic Act, because the instant place used by the Plaintiff is an exclusive parking lot used by “G” and “I, FI, F, and V, St. V, and thus, the instant disposition taken on the premise that the place where the Plaintiff driven the vehicle is a road
(b) Entry in the attached Form of relevant statutes;
C. 1) Determination of the former Road Traffic Act (amended by Act No. 12345, Jan. 28, 2014; hereinafter “Road Traffic Act”).
Article 2 (26) The term "driving" means using a motor vehicle or horse on a road according to its original purpose and use.