Pohang Administrative Attorney | Client Whose License Was Revoked After Riding a Scooter While Intoxicated Obtains a Stay of Execution

2024.12.24정찬우

The attorney represented a client who, saying that his license had been revoked after he rode a scooter while intoxicated, sought an administrative attorney with extensive experience handling administrative cases in Pohang, and obtained a stay of execution of the disposition.

1. The Client Who Sought a Pohang Administrative Attorney

The client who sought a Pohang administrative attorney explained that his license had been revoked after he rode an electric scooter while intoxicated.

The client was driving an electric scooter after drinking when he was asked by the police to undergo a breath test,

and he received a disposition revoking his driver's license for one year on the ground that he had driven while intoxicated with a blood alcohol concentration of 0.112%.

The client explained that, because he works in the transportation business, an immediate revocation of his license would pose a serious risk to his livelihood.

The client therefore asked the Pohang administrative attorney to help him have the driver's license revocation disposition canceled.

2. Driver's License Revocation Explained by a Pohang Administrative Attorney

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.

Road Traffic Act Article 93 (Revocation or Suspension of a Driver's License) ① The Commissioner of a City or Provincial Police Agency may, where a person who has obtained a driver's license falls under any of the following items, revoke the driver's license or suspend the effect of the driver's license within a range of up to one year, in accordance with the standards prescribed by Ordinance of the Ministry of the Interior and Safety.

1. If the person has driven a motor vehicle, etc., while intoxicated in violation of Article 44 (1)

Under the Road Traffic Act, a person who drives a motor vehicle, etc., while intoxicated may receive a disposition revoking or suspending the driver's license,

and where, like the Pohang administrative attorney's client, a person drives under the influence with a blood alcohol concentration of 0.08% or higher, the person receives a license revocation disposition with a one-year disqualification period.

If a person reoffends, the disqualification period may be extended, so caution is needed.

Stay of Execution Explained by a Pohang Administrative Attorney

The Pohang administrative attorney was asked to obtain a decision canceling the driver's license revocation disposition for the purpose of 🔗relief from license revocation,

and in this case an administrative appeal canceling the driver's license revocation disposition must be filed.

While the administrative appeal is proceeding, a stay-of-execution decision on the disposition can be obtained so that the driver's license can be maintained,

and the Pohang administrative attorney applied for a stay of execution of the disposition at the same time as filing the administrative litigation.

3. The Client's Defense Undertaken by a Pohang Administrative Attorney

The Pohang administrative attorney emphasized the following points and requested that the client's driver's license disposition be canceled and that a stay of execution of the disposition be granted until the result of the adjudication was issued.

Pohang Administrative Attorney: “An Electric Scooter Cannot Exceed a Speed of 25 km/h”

The Pohang administrative attorney emphasized that an electric scooter cannot exceed a speed of 25 km/h.

Accordingly, he emphasized that driving an electric scooter while intoxicated should not be treated the same as driving a motor vehicle.

He added that the distance the client drove the electric scooter in this case was a mere 2 km.

Pohang Administrative Attorney: “The Driver's License Revocation Disposition Causes the Client Loss That Is Difficult to Recover”

The Pohang administrative attorney emphasized that the driver's license revocation disposition against the client causes loss that is difficult to recover.

The requirements for a stay of execution include that the disposition cause ‘loss that is difficult to recover.’

Because the client works in the transportation business, the revocation of his driver's license is causing serious disruption to his work.

If this state of license revocation continues, the client will face a serious threat to his livelihood.

4. The Result Obtained by the Pohang Administrative Attorney

After hearing the Pohang administrative attorney's argument, the court issued a decision staying the execution of the driver's license revocation disposition against the client.

Through the Pohang administrative attorney's defense, the client was able to return to work and avoid the crisis that nearly arose for his livelihood.

With the Pohang administrative attorney's assistance, the client is going through the 🔗administrative appeal procedure requesting cancellation of the driver's license revocation disposition,

and if you have received a driver's license revocation disposition and need assistance with the cancellation, modification, or stay of execution of that disposition, please request an attorney recommendation and seek assistance at any time.

The 🔗Pohang attorney office provides consultations 24 hours a day, 365 days a year, to resolve the legal concerns of clients in Pohang and the surrounding region.

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This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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