1. Fact Relevancy
Mr. L, who has Chinese citizenship as an overseas Korean was staying in Korea on an F-4 visa. During the time of an incident, he was involved in a DUI with his friends and drove approximately 50m close to his home. His blood alcohol concentration was 0.102, which was the cancellation of the license cancellation.
Of course. DUI itself is a serious problem, but even worse was the forced eviction caused by Mr. L's DUI. If foreigners are determined to be fined 5 million won or more due to DUI, they are subject to an “immigration office inspection” at the same time. After that, they are most times being asked to leave the country.
Therefore, Mr. L asked for help from our firm. We took a closer look at his blood alcohol concentration during the time he was involved in a DUI, driving distance and his DUI records, and the presence or absence of children.
Only then, we have conducted an administrative appeal regarding his DUI including a petition and a letter of apology.
2. Process and Result
An administrative appeal must be filed within 90 days after receiving a notice of the disposition of DUI, and the suspension of execution shall also be carried out. The reason for applying for suspension of execution is that even if an administrative appeal is made, the execution is maintained as it is, so it is a procedure that must be applied separately from the outcome of the disposition.
What was fortunate was that he was a first offender, and his record of driving for the past 17 years was relatively clean. Also, a long length of reflection was written and submitted to the court.
Despite, the probability to receive a decision from a court to change from revoking to suspending a driver's license is very low, his case was very fortunate. Currently, Mr. L is living with his family without being deported.