CONTENTS
- 1. How the Client Came to Visit the Suwon Administrative Attorney
- - The Client Who Requested Assistance From an Administrative Litigation Attorney
- - Relevant Laws Explained by an Administrative Litigation Attorney
- 2. The Assistance Provided by the Suwon Administrative Attorney
- - Administrative Litigation Attorney's Assistance ① | Use of the Widmark Formula
- - Administrative Litigation Attorney's Assistance ② | Emphasizing the Low Likelihood of Reoffending
- - Administrative Litigation Attorney's Assistance ③ | Emphasizing the Client's Livelihood
- 3. The Result of the Suwon Administrative Attorney's Assistance, “Revocation of the Disposition”
1. How the Client Came to Visit the Suwon Administrative Attorney
The client who consulted with the Suwon administrative attorney visited the Suwon office after deciding to pursue an administrative lawsuit to challenge the revocation of his license for drunk driving.
The Client Who Requested Assistance From an Administrative Litigation Attorney
This is the story of a client who requested assistance from the Suwon administrative attorney.
On the day of the incident, the client had drinks with coworkers.
The client did not usually drink much, but that day he drank soju.
He then tried to call a designated driver to get home, but, having drunk too much, the client ended up taking the wheel while intoxicated.
He was ultimately caught by a police officer conducting a drunk driving check, and the client's license was revoked.
Because driving was essential to his livelihood, the client urgently came to the Suwon administrative attorney to request assistance with 🔗relief from drunk driving penalties.
Relevant Laws Explained by an Administrative Litigation Attorney
If you wish to challenge a driver's license disposition, you may file an objection with the Commissioner of the City or Provincial Police Agency.
▶ Objection Against a Driver's License Disposition
(2) To ensure fairness, the review of the objection is conducted by the Driver's License Administrative Disposition Objection Review Committee.
※ A person who has filed an objection may, regardless of the objection, file an administrative appeal under the Administrative Appeals Act as another means of administrative relief, and if the person seeks to contest the ruling on the administrative appeal, the person may file an administrative lawsuit under the Administrative Litigation Act.
The criteria for mitigating an administrative disposition are as follows: a disposition may be mitigated with extenuating circumstances on the following grounds.
▶ If the person has served as a model driver engaged in traffic volunteer activities for 3 years or more
▶ If the person has received a commendation from the chief of a police station or higher
2. The Assistance Provided by the Suwon Administrative Attorney
The Suwon administrative attorney formed a task force with attorneys experienced in handling numerous drunk driving cases, established a strategy to revoke the disposition, and then provided the following assistance.
Administrative Litigation Attorney's Assistance ① | Use of the Widmark Formula
By identifying the client's final drinking time, the time he finished driving, and the time of the breath test, the attorney calculated the blood alcohol concentration at the time of the drunk driving using the Widmark formula.
The calculation proved that, at the time of the breath measurement, the client was within the period during which his blood alcohol concentration was still rising.
The attorney therefore emphasized the possibility that the client's blood alcohol concentration at the time of the drunk driving had not exceeded the punishment threshold.
Administrative Litigation Attorney's Assistance ② | Emphasizing the Low Likelihood of Reoffending
The client is a first-time offender with no record of any criminal punishment, including for drunk driving.
After this incident, the client completed education on preventing repeat drunk driving offenses and education on law-abiding conduct, and prepared a written pledge to abstain from drunk driving, among other steps.
In this way, the attorney emphasized that the client had resolved never to drive drunk again and was making genuine efforts to prevent reoffending.
Administrative Litigation Attorney's Assistance ③ | Emphasizing the Client's Livelihood
The client frequently goes on business trips to regional areas, and his work often takes place in the early morning hours, making it difficult for him to use public transportation.
The attorney emphasized that if the revocation of the driver's license were maintained, it could have a direct adverse effect on the client's livelihood.
3. The Result of the Suwon Administrative Attorney's Assistance, “Revocation of the Disposition”
Accepting the Suwon administrative attorney's arguments, the court “revokes the driver's license revocation disposition.” The court issued this decision.
If Your Driver's License Has Been Revoked
If you are in difficulty because your driver's license has been revoked, it is recommended to pursue an administrative lawsuit with the assistance of an attorney experienced in this area.
The Daeryun Law Firm 🔗Administrative Group assists clients with tailored strategies through attorneys with court backgrounds who hold extensive practical experience in administrative litigation and relief.
If you need 🔗relief from license revocation, as the client in the case above did, we encourage you to request assistance from the Suwon administrative attorney 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.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
