음주운전 면허취소 구제What is Administrative Judgment?
It is a system to request administrative adjudication to the Central Administrative Appeals Commission within 90 days from the date of receiving the notice of cancellation/suspension of driver’s license or within 180 days from the date of administrative disposition.
Date Calculation Criteria When Relief Was Received
In the case of license cancellation, it is calculated as 110 days from the base date (the date of expiration of the temporary driver’s license).
In the case of license suspension, 1/2 of the license suspension date is reduced.
How long the remedy process will take
It usually takes more than two months to file an administrative appeal and to be notified of the hearing results.
Subject to Administrative Judgment
Cancellation disposition: Blood alcohol concentration of 0.100% or more (including traffic accidents)
Political disposition: blood alcohol concentration of 0.050% or higher (including traffic accidents)
※ Human damage accidents are possible without submitting a medical certificate in agreement with the victim
If you were unaware of the accident or did not intentionally escape
If you were unaware of the suspension period of your driver’s license or inevitably drove in an emergency situation
1 year: 121 points or more
2 years: 201 points or more
3 years: 271 points or more
※ Driver’s license suspended for drunk driving + accumulated points due to penalty points
Those who have passed the grace period after the completion of the aptitude test (license renewal)
If you refuse to take a breathalyzer test because you did not drive or the termination or enforcement is judged to be illegal
In the case of wrongful cancellation due to police fault or misunderstanding
Factors that increase the likelihood of relief (in many cases, the likelihood of relief increases)
If your drinking level is low
If the motive for driving at the time of the accident was unintentional or unavoidable
In case of violation or abuse of police discretion
If there is an illegality in the disposition of revocation of a driver’s license
If you do not have a past drunk driving record or demerit points
When a driver’s license is required for work
If the family situation is difficult
If you or a family member has a serious illness or disability
If you have a history of receiving national merit and institutional commendations
If you have a history of community service
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