As the number of foreigners residing in South Korea continues to rise, various side effects and issues are emerging across the country.
Among them, cases of DUI (driving under the influence) involving foreigners are occurring frequently.
It has been emphasized that drunk driving is a serious crime that poses a significant danger to everyone, and that it is punished very strictly—with no exceptions for foreigners.
When a foreigner is caught driving under the influence in Korea, it is not simply resolved by paying a fine.
In addition to criminal penalties and DUI fines, foreigners may face license suspension, visa cancellation, and even deportation orders as part of severe legal consequences.
Even if it’s just a single moment of poor judgment, a DUI can lead to visa cancellation or forced deportation, so foreigners must always exercise caution.
In today’s post, we will explain the following topics related to foreign nationals:
Contents
1.Legal penalties for driving under the influence
2.Deportation criteria for driving under the influence
3.Real case example: fine reduction of Driving under the influence
4.Final words: Advice on how to respond to a deportation order
1.Legal penalties for driving under the influence
If a foreigner is caught driving under the influence, they will be subject to DUI fines and penalties under Korea’s Road Traffic Act.
The severity of punishment imposed on a foreigner depends on their blood alcohol concentration (BAC) at the time of the offense.
The penalties based on BAC levels are as follows:
Penalties by Blood Alcohol Concentration (BAC):
0.03%–0.08%: Up to 1 year of imprisonment or a fine of up to 5 million KRW
0.08%–0.2: Up to 2 years of imprisonment or a fine of up to 10 million KRW
0.2% or higher: Up to 5 years of imprisonment or a fine of up to 20 million KRW
If a foreigner is involved in a DUI incident, they must be prepared not only for criminal penalties under Korean law but also for immigration-related consequences, including visa cancellation, forced deportation, and other administrative actions by the immigration authorities.
2.Deportation criteria for driving under the influence
In general, the criteria for visa cancellation and deportation of foreigners are as follows:
Criteria for Deportation of Foreigners:
01: If a fine of 3 million KRW or more is imposed in a single case
02: If the total amount of fines exceeds 5 million KRW within 5 years
03: If the person is sentenced to imprisonment or a more severe penalty
In DUI cases involving foreigners, a fine of over 3 million KRW is often imposed even for a first offense, which means there is a high likelihood of visa cancellation, deportation, or a forced removal order.
The Immigration Office has emphasized that if a foreign national is deemed to disrupt public order or have a negative impact on Korean citizens, it may immediately cancel the person’s visa or issue a deportation order, effectively revoking their right to stay in Korea.
Therefore, if you have committed a violation but have humanitarian reasons that require you to remain in Korea, it is strongly advised to respond carefully with the help of a legal representative.
It has been repeatedly emphasized that even a single mistake—such as one instance of DUI—can lead to a deportation order.
If you become involved in a criminal case as a foreign national, it is highly recommended to seek assistance from an attorney who specializes in foreigner-related cases from the very beginning, to prepare for both criminal defense and potential deportation at the same time.
3.Real case example: fine reduction of Driving under the influence
Majung was contacted by a foreign national facing deportation after being sentenced to a fine of 8 million KRW.
The client, a Chinese national, was caught driving under the influence and was prosecuted with an 8 million KRW DUI fine.
At the time of the incident, the client's blood alcohol concentration was approximately 0.082%, a level that made it difficult to avoid not only a heavy fine but also the risk of deportation.
The client sought legal assistance from Majung Foreigner Center for both the criminal defense and response to a deportation order.
Since the amount of the fine far exceeded the deportation threshold for foreigners (i.e., a fine of 3 million KRW or more in a single case), there was a high probability that the criminal punishment would lead to a deportation order from the immigration office.
Majung assessed that the imposed fine was excessive and developed a strategy to argue for a fine reduction.
Majung presented the following arguments:
01: The client was a first-time offender with no prior criminal record.
02: The client had led an exemplary life, consistently paying taxes and participating in volunteer work.
03: The client expressed sincere remorse and reached a settlement with the victim.
04: Majung highlighted the significant hardship the client would suffer if deported.
Majung emphasized the following points:
The client was a first-time offender, not a habitual drunk driver.
They had no prior criminal history, so the risk of reoffending was low.
The client had a track record of responsible behavior in Korea, including tax compliance and volunteering.
They had apologized, taken responsibility, and settled with the affected party.
Deportation would cause severe personal and professional consequences.
Majung asserted that the original 8 million KRW fine was excessive, especially considering that this was a single incident, not a repeated offense, and that the damage caused to people or property was relatively minor.
Thanks to Majung's proactive defense, the client achieved a favorable outcome:
01: The DUI fine was reduced from 8 million KRW to 2.5 million KRW.
02: The client was able to avoid a deportation order.
Due to Majung’s effective legal representation, the client received more than a 50% reduction in the DUI fine and was ultimately not deported from Korea.
4.Final words: Advice on how to respond to a deportation order
It is the fact that issues such as punishment of foreigners, DUI fines for foreigners, visa cancellation, forced deportation, and expulsion should not be handled by a general criminal defense attorney, but rather by a lawyer who specializes in foreigner-related cases.
At Majung Law Firm, which specializes in foreigner legal issues, many clients—foreign nationals facing legal risks due to DUI, driving without a license, and hit-and-run offenses—seek legal support.
In the process of consulting with many clients, Majung discovered an unfortunate trend:
Many foreign clients involved in criminal cases were blindly seeking “criminal law specialists”, assuming that was the best route.
In urgent situations, people often go directly to the most well-known criminal law firms, without considering whether those firms are actually equipped to handle the specific immigration-related consequences that foreigners face.
Let us emphasize once more.
For DUI cases involving foreigners, you should not seek just any general criminal defense attorney, but a criminal defense attorney who specializes in foreigner cases.
Criminal cases involving foreigners are inherently linked to deportation issues.
Therefore, unlike Korean nationals, foreigners must simultaneously prepare for: Criminal defense, and Immigration and deportation consequences.
Immigration-related matters for foreigners fall outside the scope of general criminal attorneys.
That is why from the very beginning, you should seek help from an attorney who specializes in foreigner legal defense,
to ensure a comprehensive response from the criminal trial stage all the way to potential deportation orders.
If you are a foreigner facing difficulty due to involvement in a criminal case, we strongly encourage you to seek help from Majung’s foreigner-specialized criminal defense attorneys.
It is true that if a crime is committed, punishment is inevitable.
However, if you sincerely regret your actions and seek help with an open mind, we will do our utmost to help you avoid excessively harsh penalties and resolve your situation as favorably as possible.
Thank you.
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!
