Administrative trial for revocation of driver's license for foreiner reside in Korea

 

There are two disadvantages of being caught drunk driving. Everyone's confused about this. You need to understand and respond accurately to prevent additional disadvantages.

 

 

First of all, it's a criminal disadvantage for violating the Road Traffic Act.

Korea's Road Traffic Law prohibits driving drunk.

 

According to Article 148-2 of the Road Traffic Act, simple drinking is subject to up to five years in prison or a fine of up to 20 million won.

 

 

In addition, in the case of a first-time offender, the punishment varies depending on the blood alcohol concentration.

1. If the blood alcohol concentration is 0.2% or higher, you will be sentenced to imprisonment for up to 2 years to 5 years or a fine of up to 10 million won to 20 million won.

2. If the blood alcohol concentration is 0.08% to 0.2%, you will be sentenced to imprisonment for up to 1 year to 2 years or a fine of up to 5 million won to 10 million won.

3. If the blood alcohol concentration is 0.03% to 0.08%, you will be sentenced to up to one year in prison or 5 million won.

 

After driving under the influence of alcohol, the criminal responsibility process proceeds to attend the traffic department and receive the suspect's interrogation report, and in the case of the Old Testament, a fine is sentenced to a fine, imprisonment, and probation.

 

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The second is an administrative disposition, and I would like to explain it as a simple drinking standard.

In the case of No. 1 (blood alcohol concentration of 0.2% or more) and No. 2 (blood alcohol concentration of 0.08% or more), the driver's license will be canceled for one year.

On the other hand, in the case of No. 3 (blood alcohol concentration of 0.03% to 0.08% or less), 100 penalty points are awarded. In this case, the license will be suspended and the license will be suspended due to a penalty of 40 points or more.

 

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For the cancellation of the license, you can file an objection and request an administrative trial by administrative disposition. In the case of an objection, you can submit an objection to the head of the local police agency, which has been disposed of within 60 days from the date of the disposition.

 

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In this case, none of the following should apply.

 

1. In the case of administrative disposition due to drunk driving

A. In the case of driving with a blood alcohol concentration exceeding 0.1%,

B. In the case of causing a traffic accident caused by human damage while driving under the influence of alcohol;

C. In the case of refusing to comply with a police officer's request for a breathalyzer test or fleeing, or assaulting a police officer;

D. Where there is a history of at least three human damage traffic accidents within the past five years;

E. Where there is a history of drunk driving within the past five years;

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2. If the blood alcohol concentration is less than 0.08% due to exceeding the penalty point

A. Where a driver's license has been revoked within the past five years;

B. In the case of a traffic accident caused by human damage more than three times within the past five years;

C. Where there is a history of suspension of a driver's license more than three times within the past five years;

D. Where the administrative disposition has been reduced through deliberation by the Objection Deliberation Committee for Driver's License Administrative Disposition within the past five years or through an administrative trial or administrative litigation

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If this is not the case, you can file an objection.

 

Next, you can request an administrative trial. The period during which an administrative trial can be filed must be within 90 days from the date of finding out that there is a disposition, and within 180 days from the date of the disposition.

 

An administrative trial raises a judgment on an illegal and unfair disposition of administrative disposition, and you can request an administrative trial if it is an illegal situation, for example, a problem such as a blood alcohol level rise, or if you think it is an excessive disposition due to an unfair disposition.

 

If you are considering an administrative trial due to drunk driving, please contact us anytime.

 

Thank you.