CONTENTS
- 1. The Client's Situation
- 2. Driver's License Cancellation Examined by the Gangneung Administrative Attorney
- 3. Gangneung Administrative Attorney, Objection
- - Gangneung Administrative Attorney, Filing an Administrative Appeal
- 4. The Result Obtained by the Gangneung Administrative Attorney
1. The Client's Situation
The client explained that he had received a license cancellation for drunk driving.
The client had been driving after drinking about two glasses of beer when he was asked to take a breath test by an officer conducting a drunk-driving crackdown, and his blood alcohol concentration at the time was reportedly 0.07%.
The client explained that about ten years earlier his license had been suspended for drunk driving.
In this case, the client's driver's license was cancelled after he received a prior notice of driver's license cancellation.
Saying that having his driver's license cancelled would cause great difficulty in maintaining his livelihood, the client sought the attorney's assistance.
2. Driver's License Cancellation Examined by the Gangneung Administrative Attorney
The attorney examined the driver's license cancellation.
① If a person who has obtained a driver's license falls under any of the following items, the Commissioner of a City or Provincial Police Agency may cancel the driver's license or suspend the effect of the driver's license within a period of up to one year, in accordance with the standards prescribed by Ordinance of the Ministry of the Interior and Safety.
1. If a person, in violation of Article 44 (1), drives a motor vehicle, etc. while intoxicated
▶Road Traffic Act Article 44 (Prohibition of Driving While Intoxicated)
① No person shall drive a motor vehicle, etc., a tram, or a bicycle while intoxicated.
④ The standard for the state of intoxication in which driving is prohibited under paragraph (1) shall be a blood alcohol concentration of 0.03 percent or more for the driver.
Under the Road Traffic Act, a person who drives a motor vehicle, etc. while intoxicated may receive a driver's license cancellation.
3. Gangneung Administrative Attorney, Objection
The attorney filed an objection to the administrative disposition with the National Police Agency for 🔗license cancellation relief on behalf of the client, on the following grounds.
▶Having no suitable place to live, he resides in the company dormitory.
▶If his driver's license is cancelled, he must move out of the dormitory.
▶He is sincerely remorseful for the drunk driving, and the driving distance was not long.
Gangneung Administrative Attorney, Filing an Administrative Appeal
The objection filed by the attorney was dismissed. The attorney then filed an administrative appeal with the Central Administrative Appeals Commission to obtain revocation of the client's driver's license cancellation, on the following grounds.
▶Driving was the client's sole means of maintaining his livelihood, so he falls within the grounds for mitigation.
▶The client received a prior notice of driver's license cancellation stating the date for him to appear, but his driver's license was cancelled before that appearance date, so there is a procedural defect.
4. The Result Obtained by the Gangneung Administrative Attorney
As a result of the attorney's assistance, the Central Administrative Appeals Commission issued the following decision.
▶The driver's license cancellation imposed by the respondent on the claimant is revoked.
The Central Administrative Appeals Commission issued this decision after recognizing that there had been a defect in the National Police Agency's procedure.
The client in this case was in a situation where being unable to drive could cause great disruption to his livelihood.
The attorney, while assisting in the client's case, was able to obtain this result by pinpointing the defect in the National Police Agency's license cancellation procedure.
If you are in a situation similar to that of the client in this case and need to raise an objection to an administrative disposition, if you seek the attorney's assistance, we will prepare a strategy that can lead to a favorable result for the client and provide assistance.
🔗filing an administrative appeal involves many procedures that are particularly difficult for an individual to handle, so the assistance of an attorney can be helpful.
Turn to Daeryun Law Firm (LLC), which can provide emergency response 24 hours a day, 365 days a year, and recover your valuable rights.
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