Contents
1. This is how drinking and driving(DUI) of foreigners sentenced in legal context.
2. Drinking and driving (DUI) problem leads to Immigration matters after sentence.
3. Case study of Drinking and driving (DUI)
4. Final Words: Foreign Nationals & Drinking and driving(DUI) in Korea: The Real Risk Isn’t Just the Fine
1. This is how drinking and driving(DUI) of foreigners sentenced in legal context.
Checking the legal standards after a crackdown may be too late to respond effectively.
In South Korea, drunk driving is not just a traffic violation—it’s considered a serious legal offense.
Foreign nationals are subject to the same laws without exception, and depending on their blood alcohol
concentration (BAC), their residency status may be affected.
That’s why it’s crucial to understand the relevant BAC thresholds and penalties in advance.
Blood Alcohol Concentration (BAC) and Penalties for Drunk Driving in Korea
1. BAC between 0.03% and 0.08%
→ Up to 1 year of imprisonment or a fine up to 5 million KRW
2️. BAC between 0.08% and 0.20%
→ 1 to 2 years of imprisonment or a fine between 5 million and 10 million KRW
3️. BAC over 0.20%
→ 2 to 5 years of imprisonment or a fine between 10 million and 20 million KRW
4️. If an accident occurs or someone is injured while driving under the influence,
→ There is a high likelihood of receiving an actual prison sentence, not just a fine.
2. Drinking and driving (DUI) problem leads to Immigration matters after sentence.
Just because the criminal case is over doesn’t mean all problems are resolved.
For foreign nationals, a drunk driving conviction in Korea can lead to another hurdle even after the court process ends.
Under immigration law, DUI offenses may qualify as grounds for forced deportation, and in practice, they often result in additional disadvantages beyond criminal penalties.
A single conviction can have long-term consequences on one’s residency status, making it essential to approach such cases with caution.
① If a foreign national is sentenced to a fine or higher, they may receive a deportation order or forced removal notice from the Immigration Office.
② Following this, visa extension, status change, or re-issuance may be restricted.
③ In some cases, re-entry into Korea may be denied for a certain period, or long-term residency may become impossible.
3. Case study of Drinking and driving (DUI)
Mr. S, a Vietnamese national, had been living in South Korea for nearly 20 years.
One evening, after drinking with a friend, he was riding a motorized bicycle home when he slipped on debris on the road and fell. A nearby shop owner witnessed the incident and called the police.
When officers arrived, they noticed the smell of alcohol on Mr. S’s clothing and conducted a blood alcohol test. His BAC was measured at 0.065%, and it was also confirmed that he did not hold a valid driver’s license and had no mandatory insurance. He was summarily indicted for violating the Road Traffic Act and related laws, and was fined 5 million KRW. The criminal case was then closed.
However, the end of the criminal process was not the end of his troubles.
Shortly afterward, Mr. S received a summons from the Immigration Office for a criminal review hearing. On the day of the hearing, he was issued a forced deportation order.
Shocked by the unexpected decision, Mr. S filed an administrative appeal on his own, but it was dismissed.
Later, with the help of a legal representative, he prepared a formal response. His defense was based on the following points:
- He had lived in Korea for a long time with no prior criminal record
- The violation was minor and caused no actual harm
- The case did not meet the legal grounds for forced deportation under immigration law
The court accepted that the deportation order was excessively harsh given the circumstances and revoked the order.
As a result, Mr. S’s residency status was reinstated, and he was able to continue living in South Korea.
4. Final Words: Foreign Nationals & Drinking and driving(DUI) in Korea: The Real Risk Isn’t Just the Fine
For foreigners, a drunk driving charge in Korea can lead to consequences far more serious than a criminal fine.
Even a single fine can put your residency status at risk, and may result in a forced deportation order.
Thinking “just one drink won’t hurt” can be the start of a much bigger problem.
But it’s not the end of the road.
If a mistake was made, the way you respond afterward can significantly change the outcome.
With the right legal strategy and timely action, it’s possible to reduce penalties and even protect your right to stay in Korea.
In Majung, A criminal law specialist certified by the Korean Bar Association analyzes the facts and establishes a defense strategy from the early stages of a money transfer case, while a legal representative with experience at the Immigration Office provides integrated support for all immigration-related matters.
Foreign Specialized Support at Majung Foreigner Center
Multilingual consultation available in English and Chinese.
Professional interpreters assist from the first consultation to the conclusion of the case.
Offices in Seoul, Daejeon, Busan, Daegu, and Gwangju
Don’t face the legal system alone. Let Majung fight for you!
