CONTENTS
- 1. The client who came to a Cheongju drunk driving attorney
- - How the client came to a Cheongju drunk driving specialist attorney
- 2. Relevant statutes explained by the Cheongju drunk driving attorney
- 3. Assistance provided by the Cheongju drunk driving attorney
- - The Cheongju drunk driving specialist attorney argued there was no prior record of drunk driving punishment
- - The Cheongju drunk driving specialist attorney argued the driving distance was very short
- - The Cheongju drunk driving specialist attorney argued that no damage arose from the drunk driving
- 4. The decision on the Cheongju drunk driving attorney's arguments
- - If you need the assistance of a Cheongju drunk driving specialist attorney
1. The client who came to a Cheongju drunk driving attorney
The client who came to the Cheongju drunk driving attorney considered the 🔗driver's license revocation imposed on them to be somewhat excessive and, wishing to obtain legal relief, visited the drunk driving attorney at Daeryun's Cheongju office to request a consultation.
How the client came to a Cheongju drunk driving specialist attorney
The client in this case had drinks with an acquaintance they had not seen in a long time.
A few hours later, the client headed to the parking lot to return home.
Although they were intoxicated with a blood alcohol concentration of about 0.085%, they complacently took the wheel.
After driving about 100m, the client was caught by police who were cracking down on 🔗drunk driving, and received a driver's license revocation.
Despite having had no traffic violations for many years, the client felt they had been treated very unfairly in receiving a driver's license revocation.
Believing the disposition imposed on them was excessive, the client requested assistance from a Cheongju drunk driving attorney in order to change that disposition.
2. Relevant statutes explained by the Cheongju drunk driving attorney
Objection to a driver's license disposition
① A person who objects to a revocation or suspension of a driver's license, or to a revocation of a provisional driver's license, may file an objection with the Commissioner of the City/Provincial Police Agency within 60 days from the date of receiving the disposition (
② To ensure fairness, the review of an objection is conducted by the Driver's License Administrative Disposition Objection Review Committee (see Article 96 of the 「Enforcement Rule of the Road Traffic Act」).
3. Assistance provided by the Cheongju drunk driving attorney
The Cheongju drunk driving attorney analyzed the statutes and precedents related to the disposition in this case and assessed its illegality and unjustness.
Emphasizing the following points, the attorney stressed that the disposition imposed on the client was excessive.
The Cheongju drunk driving specialist attorney argued there was no prior record of drunk driving punishment
From the time the client obtained their driver's license up to the present, they have never once been punished for drunk driving.
Having driven for about 20 years, the client has paid administrative fines a few times, but has no other notable traffic violations.
Accordingly, the attorney emphasized that the license revocation was an unlawful disposition that violated the principles of necessity and proportionality.
The Cheongju drunk driving specialist attorney argued the driving distance was very short
The distance the client actually drove until the breathalyzer test was administered during the drunk driving crackdown was only a very short distance.
The attorney emphasized that the distance the client had intended to drive was short from the outset and that the time involved was likewise brief.
The Cheongju drunk driving specialist attorney argued that no damage arose from the drunk driving
Because the distance the client actually drove was short and the time was likewise brief, no personal or property damage arose from the driving at the time of the incident.
Although the client's drunk driving was a very serious wrong, the attorney emphasized that the decision to revoke the driver's license was a somewhat excessive disposition for the client.
4. The decision on the Cheongju drunk driving attorney's arguments
The Central Administrative Appeals Commission, accepting the Cheongju drunk driving attorney's arguments, rendered a decision ‘to change the driver's license revocation to a driver's license suspension.’
If you need the assistance of a Cheongju drunk driving specialist attorney
The case above was an example in which the client, with the assistance of a Cheongju drunk driving attorney, succeeded in reducing a driver's license revocation.
Daeryun Law Firm forms task forces of specialists in each field so that it can respond quickly to cases and appropriately handle legal disputes.
If you find yourself in a situation similar to this case and need a specialist attorney's assistance, Daeryun Law Firm is available to assist you at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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