Foreign Traffic Accident Defense

Criminal Penalties & Visa Cancellation Risks for Foreigners

Traffic‐related criminal cases involving foreign drivers in Korea carry additional risks beyond fines or imprisonment. Even a minor traffic offense can lead not only to criminal penalties but also to visa revocation or deportation orders.

Foreign drivers who lack fluency in Korean often face communication barriers from the very start of a police investigation. Without proper legal guidance or interpretation, suspects may inadvertently admit to unfavorable statements or fail to assert their rights fully.

Moreover, unfamiliarity with Korean criminal procedure and statutes—such as the Road Traffic Act, the Act on Special Cases Concerning the Settlement of Traffic Accidents, and the Act on Aggravated Punishment of Specific Crimes—often causes foreigners to miss opportunities for reduced sentences or alternative dispositions.

If you are summoned by the police for a traffic offense—whether a simple collision, DUI, or unlicensed driving—securing experienced legal counsel early is vital to protecting both your criminal and immigration status.

Case Handling Procedure

The criminal process for traffic accidents caused by foreign drivers in Korea follows the same statutory framework as for Korean nationals, but with added immigration implications:

 1. Police Investigation → 2. Prosecutor Referral → 3. Court Trial → 4. Immigration Review (사범심사)

• In serious cases, an arrest warrant may be issued during the police or prosecutor phase, leading to detention throughout investigation and trial.

Offense‐Specific Penalties for Foreign Drivers

1. DUI Cases

Driving under the influence of alcohol is a severely punishable offense, whether you are a Korean or a foreigner.

Your blood alcohol content (BAC) at the time of arrest determines the range of statutory penalties, with aggravated penalties (aka two strikes and you're out) for second or subsequent offenses.

According to the Korean Road Traffic Act, a BAC of 0.03% or higher is criminalized, while a BAC of 0.08% or higher is punishable by a fine of at least KRW 5 million. In real-life cases, drunk driving with a BAC of 0.08% or higher is often punishable by imprisonment or a large fine.

In a DUI case, a fine alone can quickly lead to visa revocation and deportation for foreigners, so it is very important to have a defense attorney who can help you avoid punishment or reduce the possible fine.

Also, in DUI cases, the penalties vary greatly depending on whether there was an accident or not.

Even a simple DUI (no accident) will result in a license suspension/revocation, fines, or jail time depending on your BAC level. If an accident is involved, the Special Traffic Accident Act and the Aggravated Punishment of Certain Crimes Act apply, resulting in more severe penalties. It is common for a drunk driving accident involving personal injury to result in a sentence of probation, even if a settlement is reached with the victim, while a fatal accident can result in a prison sentence of one year or more.
Especially if the accident is accompanied by a hit-and-run (failure to act after an accident), the probability of a prison sentence is increased by aggravated penalties.

Foreigner DUI cases are likely to be problematic in immigration judgment after the criminal punishment.
Foreign nationals with two or more prior convictions of the same type, or who have received a suspended prison sentence for a DUI, have often been denied visa extensions or deported, even with relatively light penalties.

Therefore, foreign nationals who are arrested for DUI should consult with a criminal defense lawyer from the initial police investigation stage, in order to aim for a lenient disposition, such as a deferred prosecution or a small fine, if possible.

2. Unlicensed Driving

Driving without a license is classified as a relatively minor offense in South Korea, punishable by up to one year in prison or a fine of up to KRW 3 million.

However, the penalties increase if you are involved in another traffic violation or accident while driving without a license.
For example, if you get into a drunk driving accident while driving without a license, each offense is treated as a serious offense that can result in a prison sentence.
In fact, if the foreign national was driving without a license and caused a car accident while intoxicated, the likelihood of deportation is very high.

This combination of offenses looks bad in the eyes of immigration authorities, which can result in a visa extension denial or an immediate removal order.

On its own, driving without a license is often a first-time offense that ends with a fine, but it's important to note that for foreign drivers, even a fine can be fatal to your stay.
For example, if a foreign national who is caught driving without a license is sentenced to a summary judgment fine, he or she should not take it lightly and pay the fine, or risk being ordered to leave the country at a subsequent immigration review.
Therefore, it is important to have a lawyer represent you in your unlicensed driving case to reduce the fine to the minimum possible amount or to obtain a deferred prosecution.

A lawyer can seek leniency by arguing the circumstances of the unlicensed driving (e.g., the reason for ******) and minimize the penalties by emphasizing ****.

3. Injury Accidents

A personnel accident is an accident in which a person is injured in a traffic accident.

In Korea, both large and small personal injury accidents can be subject to criminal penalties.
If the victim is injured, the offending driver can be sentenced to up to five years in prison or a fine of up to 20 million won under the Traffic Accident Handling Special Act.
However, if there is no gross negligence, insurance coverage, and an amicable settlement with the victim, the special law may exempt the driver from criminal penalties.
Foreign drivers are also subject to this law, but prosecutors often proceed with prosecution if they fail to submit a settlement agreement in a timely manner due to language issues or a lack of understanding of the law.
Therefore, if a foreign driver has settled with the victim, it is important to clearly communicate and document that intention to the investigating authorities, and a defense attorney can help with this.

In accidents where the victim is seriously injured (e.g., concussion, broken bones, etc., injuries that require significant time and expense to treat), settlement tends to result in a suspended prison sentence or a high fine.
In particular, if the traffic violation was intentional or grossly negligent (such as running a red light, crossing the center line, speeding, etc., the so-called 12 gross negligence offenses), the victim is not protected by the Traffic Accident Handling Special Law and will be criminally prosecuted regardless of settlement.
In this case, a settlement with the victim is only a favorable circumstance for the sentence, and there is a possibility of imprisonment.

On the other hand, in the case of a fatal accident, the Act on Aggravated Punishment of Specified Crimes can be applied to sentence up to life imprisonment, but in general, the sentence is based on a statutory penalty of up to 5 years in prison or a fine of up to 20 million won. Of course, settlement is very important in fatal accidents, and there are cases where a settlement may result in a probationary sentence (without a settlement, imprisonment is likely), so it is essential to negotiate an amicable settlement with the bereaved family under the guidance of a defense lawyer.

After the criminal proceedings are concluded, the immigration stage is the most challenging stage for foreigners.
Even if the case is concluded with a fine or probation, the immigration office will be notified as soon as the sentence is finalized and a judicial review will be held to consider whether to revoke the residence permit.
At this point, you must actively prove the need for continued stay, such as *****, to avoid deportation.
If you go to the examination alone without such preparation, you will be ordered to leave the country, and it is difficult to overturn it even if you appeal later.

Therefore, foreign nationals who have committed a personnel accident must develop a comprehensive strategy that looks ahead from the criminal trial stage to immigration issues, and it is essential to have an attorney who is familiar with both criminal and immigration law.

Yeohae Law Firm – Specialists in Foreigners’ Cases

YeoHae Law Firm has an experienced team of criminal defense lawyers who have successfully handled many criminal cases for foreign clients.

We provide one-stop legal services from the police investigation stage to the trial and immigration response, which is crucial in traffic accident criminal cases.

In particular, we provide language support services through professional interpreters in English, Chinese, Russian, Vietnamese, and other languages to solve communication problems for foreign clients.
Clients can fully explain their cases and receive advice in their own language, and legal documents and statements are accurately translated and interpreted.

YeoHae Law Firm has successfully defended various traffic criminal cases such as alien drunk driving cases, alien driving without a license, alien retaliatory driving, and alien traffic fatality cases, resulting in reduced fines, probationary sentences, and deferred prosecution.

With our understanding of the immigration process, we are also committed to defending your status of residence so that you can continue to live in Korea even after the criminal case is concluded.
From the initial consultation to the conclusion of your case, you will be assigned a dedicated attorney to keep you informed of the progress of your case, and we will continue to communicate with you via email and video conferencing, even if you have temporarily returned to Korea.

We will be your reliable legal partner with a wealth of know-how to ensure that you are not unfairly penalized for being a foreigner.

Discover over 10 years of proven success across a wide range of cases.

Frequently Asked Questions (FAQ)

Q. If I receive a criminal sentence for a traffic accident, will my visa be cancelled?

A. It may be revoked in some cases.
If you receive a criminal penalty of more than a fine in a Korean court, the immigration authorities will be notified and your status of residence will be reviewed. Especially if you are sentenced to a large fine, it is likely that you will be ordered to leave the country.
In the end, how much the sentence is reduced at the criminal trial stage is crucial to maintaining your visa.
At YeoHae Law Firm, we handle criminal cases with visa issues in mind from the outset, so we do our best to help our clients maintain their status of residence as much as possible.

Q. Can foreigners be sentenced to imprisonment for traffic offenses?

A. Yes. Foreigners can be sentenced to imprisonment under the same standards set by law as Koreans.
The level of punishment is determined by the circumstances of the accident, the severity of the consequences, and factors such as blood alcohol content (BAC) and criminal convictions.
For example, a DUI with a BAC of 0.08% or higher can result in a hefty fine in court, as well as jail time if the victim is seriously injured.
If it's just driving without a license, the penalties are less severe, but you could still face up to a year in jail.
For personal injury accidents, the penalties may be reduced in a settlement for minor injuries, but for serious injuries or death, probation is difficult to obtain and jail time is a possibility.

Meanwhile, more serious accidents, such as hit-and-runs and drunk driving, often result in jail time, even for first-time offenders.
However, it is not uncommon for a defense attorney to obtain probation or a reduced fine.
In fact, there have been cases where foreign drunk driving accident defendants have received probation and avoided jail time, and cases where a 9 million won sentence was reduced to a 2.9 million won fine.
In the end, it takes something like **** to get the penalty reduced, and a lawyer can help you do that.

Q. Can I leave Korea while my case is pending?

A. You should be very cautious about leaving the country while your criminal case is pending.
Depending on the severity of the case, the investigating authorities may impose a travel ban in cases of serious accidents or serious charges.
Even if you are not banned, leaving the country at will may be considered a flight risk and may result in additional legal consequences.
Especially if you have been formally tried, the court may issue a bench warrant or arrest warrant if you continue to miss court.
Therefore, it is preferable to stay in Korea until the trial is fully concluded.

If you need to leave the country temporarily due to unavoidable circumstances, you can ask the tribunal through your defense counsel to make arrangements and request a rescheduling.
However, you should consult with your lawyer before deciding whether or not to leave the country, as prolonged absence from the country may result in an unfavorable trial in absentia or an arrest warrant.

Q. Will reaching a settlement with the victim avoid punishment?

A. Settlements with victims have a very significant impact on reducing criminal penalties.
However, the effectiveness of settlements varies depending on the type of case.
First of all, in most traffic accident injury cases, except for fatal accidents, settling with the victim and filing a non-punishment petition will increase the likelihood of a favorable disposition.
In some cases, if the accident is covered by the Special Traffic Accident Act, the penalties may be waived altogether.

On the other hand, for more socially stigmatized crimes, such as DUI or hit-and-run, settlement does not eliminate the penalty, but only reduces the sentence.
Failure to settle can result in jail time for the same offense, so it's important to settle as soon as possible.

Plea bargaining is not the only way to get leniency.
See, for example, *****. First and foremost, these mitigating factors must be systematically presented to the court, and the defense will highlight them in their arguments during the trial.

In real-world examples, we've seen ***** result in probation, and ****** in DUI cases result in reduced fines.

In the end, a comprehensive mitigation effort is the key to leniency, and this process is most effective when done under the guidance of an attorney.

Q. Is interpretation provided during police and court proceedings?

A. Yes, interpretation in criminal proceedings is guaranteed by law.
Interpreters are provided to foreign suspects during police interviews, and court-appointed interpreters are provided during prosecution investigations and court hearings.

However, in reality, the interpreters appointed by the investigative agency are only interpreting the investigative process for the purpose of proving guilt, which limits the ability of the parties to fully communicate in their native language and explain their innocence or favorable circumstances.

Therefore, if you are a foreigner who is not fluent in Korean, it is important to ensure that your lawyer is able to communicate in your language.

Fortunately, Yeo Hae Law Firm has interpreters who can communicate in a variety of languages, including English, Chinese, Russian, and Vietnamese, so you can comfortably receive counseling and be kept informed of the progress of your case in your native language.
From the initial consultation to document preparation and trial preparation, we provide native language support throughout the entire process, so even if you don't speak Korean, you can feel confident in presenting your case to your attorney.

In particular, if you are faced with time constraints at the police or other investigative agencies or in court, you will be able to communicate effectively with your lawyer in your native language.

In conclusion, even if you have difficulty speaking Korean, Yeo Hae Law Firm provides professional interpreters, so there is no problem with hiring a lawyer, and in fact, you can be sure that your rights will be protected by having the interpreter convey legal points that you might otherwise miss.

Q. I received a notice from the embassy that a family member has been arrested by the Korean police. What steps should I take?

A. If a family member has been arrested, there is a possibility that they could be detained within a day or two, so prompt action is necessary.

First, verify the reason for the arrest to determine whether it was unjust, and then prepare appropriate measures before detention occurs.

Q. I received a notice from the police to appear. What should I do?

A. First, it is important to clearly determine why the police have requested your appearance. Depending on your situation, you may respond as follows:
• If you are being summoned as a witness: If you have been called as a witness in someone else’s case, you need to clearly understand the case’s context and your role in it.
• If you are a suspect or might become one: If you are under suspicion of a crime or could potentially become a suspect, it is advisable to consult a lawyer before appearing.

This allows you to thoroughly review the nature of the case, the specifics of the allegations, and the best strategy for your defense.

Our office is here to help you determine the optimal course of action tailored to your situation. If you have any questions or concerns prior to your appearance, please feel free to contact us.

Q. I have already been interviewed by the police, but they do not believe my statement. What should I do?

A. There may be several reasons why the police do not trust your account. For example, the evidence submitted by the victim or collected at the scene might contradict your version of events.

First, it is important to carefully review whether the submitted or collected evidence is conclusive or if there are ambiguities. Based on your findings, you might consider the following strategies:
• Collecting additional evidence: Secure further evidence or obtain witness statements that support your account.
• Reaching a settlement with the victim: Explore the possibility of resolving the matter amicably through an agreement with the victim.
• Requesting leniency: Depending on the circumstances of the case, you may consider asking for leniency.

Our office is prepared to analyze your situation in detail and offer you the most effective response strategy. Please feel free to contact us if you require further consultation or assistance.

Q. I am a victim. Do you provide legal representation for victims?

A. Yes, absolutely. To protect your rights and help achieve an amicable resolution, we offer the following support:
• Assistance with filing a complaint: We help prepare a comprehensive complaint to ensure that the perpetrator is appropriately punished.
• Accompaniment and support during police investigations: We assist you in clearly communicating your position during the police investigation and, if necessary, accompany you throughout the process.
• Representation before investigative agencies and courts: We provide detailed explanations in response to any inquiries from the police, prosecution, or courts, and we help support your claims by submitting and gathering additional evidence.

We are committed to resolving the difficulties you face swiftly and effectively. Please do not hesitate to contact us.

Q. The police have forwarded my case to the prosecution, and they say it’s “not a big deal.” Is it really okay?

A. When the police forward a case to the prosecution, it indicates that, based on their investigation, they have determined there are grounds to punish you. The prosecution is likely to base its decision on this assessment, so the situation should not be taken lightly.

However, depending on the specific circumstances and evidence available, various outcomes are possible:
• No charges (Dismissal): In cases where the evidence is insufficient, an indictment may not be filed.
• Deferred prosecution: The indictment may be postponed under certain conditions.
• Indictment with a fine: For relatively minor offenses, a fine may be imposed instead of more severe penalties.
• Trial without detention: The case may proceed without pre-trial detention.

After carefully reviewing all possibilities, it is crucial to effectively communicate the case’s details and any mitigating factors to the prosecutor in order to secure a favorable outcome for you.

Our office will meticulously analyze your case and, if necessary, negotiate with the prosecutor to formulate the best possible strategy. Please feel free to contact us if you have any further questions or need additional consultation.

Q. Do Korean investigative agencies collect evidence that favors the suspect?

A. In theory, investigative agencies are expected to gather evidence favorable to the suspect to ensure a fair investigation. However, in practice, the police are unlikely to actively collect evidence on the suspect’s behalf. In particular, evidence with a limited retention period—such as CCTV footage or call records—may disappear while waiting for the police to investigate. Therefore, it is important that you collect and secure any evidence favorable to you on your own.

Q. I thought that someone who claims to be a legal expert in Korea would be a lawyer, but this person said they cannot accompany or assist me during police investigations, prosecutions, or trials. Is this person not a lawyer?

A. In Korea, there are several types of legal professionals. A lawyer has the authority to accompany you during police investigations, visit detention centers or prisons, and represent you in court. On the other hand, professionals such as judicial scriveners or administrative agents typically perform limited tasks such as document preparation or legal consultation.

If the person in question is unable to accompany you during a police investigation or represent you in court, it is likely that they are not a lawyer.

At Yeohae Law Firm, we actively represent our clients in all legal procedures—from police investigations to handling prosecutions and court trials.

Q. Can I send money, letters, or books to a family member in a Korean prison if I am overseas?

A. Yes, you can.

Q. I am concerned that my visa will expire while I am in prison. What should I do?

A. Even if you are incarcerated, your visa period will not be automatically extended. If you require a visa extension, you must apply for an extension separately by submitting the necessary documents that substantiate your circumstances. If you have any questions regarding the required documents or procedures, please feel free to contact us.

Q. Do you offer consultations in foreign languages?

A. Yes. Our consultation staff can provide services in English, Vietnamese, Russian, Thai, and Chinese.

Q. How long does the litigation process typically take?

A. A first-instance trial generally takes about 3 to 6 months.

Nationwide Legal Support

We are equipped to handle cases at police departments, prosecutors’ offices, courts, and immigration offices across the country. With litigation expertise in nearly 30 courts nationwide, we also offer convenient online consultations—no in-person visits required.

Outstanding Attorney Award by the Korean Bar Association

Yeohae Law Firm (led by Representative Attorney Kim Pyoungho) has been honored with the Outstanding Attorney Award by the Korean Bar Association for exemplary advocacy, among other merits.

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