CONTENTS
- 1. The Client
- - The Background to the Consultation
- 2. Statutes Relating to the Case
- 3. The Firm's Assistance
- - Argument ⓛ Excessive Disposition
- - Argument ② Short-Distance Driving
- - Argument ③ Sincere Remorse
- 4. The Central Administrative Appeals Commission's Decision on the Firm's Arguments
- - If You Need the Firm's Assistance
1. The Client
The client, who considered the driver's license revocation to be somewhat excessive, came to Daeryun's Changwon office to resolve the matter amicably with the firm's assistance.
The Background to the Consultation
The detailed account of the client, who had a consultation at the firm, is as follows.
The client drank about a bottle and a half of alcohol at a gathering with an acquaintance.
Judging that he need only get to the nearest lodging and sleep, the client drove about 1 km while intoxicated.
While he was driving, a problem arose with a part of the client's vehicle, so he parked the vehicle on the shoulder and was checking its condition.
Before long, a patrol car suddenly approached the client and requested a sobriety test, and accordingly the fact of drinking was discovered.
A vehicle following behind the client had suspected drunk driving and reported it to the police, and as a result of this case the client received a driver's license revocation.
Considering the disposition somewhat excessive, the client decided to seek the help of an attorney and came to the firm.
2. Statutes Relating to the Case
If you have received a license revocation, you may first raise an objection through an administrative appeal.
② In order to ensure fairness, the review of the objection is conducted by the Driver's License Administrative Disposition Objection Deliberation Committee (see Enforcement Rule of the Road Traffic Act Article 96).
At this point, if you wish to contest the ruling of the administrative appeal and raise a further objection, you must file an administrative action within 90 days from the date of receiving the disposition.
Revocation Lawsuit Procedure
① Filing the action: Submit the complaint within 90 days from the date of receiving the license revocation
② Submission of the complaint: Submit the complaint to the relevant administrative court
③ Court review: The court reviews the issues in the action and examines the evidence
④ Issuance of the judgment: The court issues a judgment on the revocation lawsuit
⑤ Finalization of the judgment: Once the judgment is finalized, the revocation disposition is either revoked or maintained
3. The Firm's Assistance
The firm reviewed the circumstances of the case closely with a task force of 3 to 20 specialists, established a tailored strategy, and argued the following points.
Argument ⓛ Excessive Disposition
The client had never once been punished for drunk driving since obtaining his driver's license.
Although he had occasionally paid administrative fines, he had not particularly violated any traffic laws.
While it was true that he had committed the serious wrong of drunk driving, the firm emphasized that imposing a driver's license revocation on a first-time offender was a somewhat excessive disposition.
Argument ② Short-Distance Driving
While it was a clear wrong for the client to have driven while intoxicated, he drove for only a short time over a short distance.
As a result, no personal or property damage occurred.
The firm emphasized that a driver's license suspension would suffice in place of the disposition in this case.
Argument ③ Sincere Remorse
The client deeply regretted his wrongdoing, showed remorse, and firmly resolved never to commit such a wrong again.
The firm emphasized that the client was making his own efforts to abstain from alcohol, including attending a sobriety clinic, with the determination never again to drink and drive.
4. The Central Administrative Appeals Commission's Decision on the Firm's Arguments
The Central Administrative Appeals Commission accepted the firm's arguments and decided to 'change the driver's license revocation to a suspension.'
The client conveyed his deep gratitude to the firm.
If You Need the Firm's Assistance
Daeryun Law Firm works through the close cooperation of 🔗administrative attorneys and others.
Centered on attorneys with extensive practical experience and know-how in administrative litigation and administrative remedies, the firm forms task forces, establishes thorough strategies, and responds accordingly.
The firm provides comprehensive legal services, including not only representation in administrative appeals and administrative actions concerning administrative dispositions, but also representation in administrative procedures, interpretation of statutes relating to administrative regulation, and advisory services.
If you need the assistance of an attorney in a situation similar to the case above, please reach out to the Changwon law firm 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.
