In South Korea, a hit-and-run is regarded not as a simple accident but as an act of fleeing the scene, and it involves not only criminal punishment but also subsequent administrative procedures.
When a person of foreign nationality is involved, factors such as the amount of the fine or past case history can significantly influence decisions on immigration screening or deportation.
Moreover, seemingly minor elements—such as the timing of statements, the victim's response, and language misunderstandings—can play a critical role in how a case is assessed. Therefore, in an unfamiliar legal process, having the experience to understand the situation as a whole becomes particularly important.
Contents
1. What kind of punishment does a foreigner face for a hit-and-run?
2. A fine of over 3 million won can impact your immigration status.
3. Why is legal assistance necessary in a foreigner's hit-and-run case?
4. Foreigner Faced Deportation After Hit-and-Run – Maintained Residency Through Statement of Explanation <Real Case>
5. Final words
1. What kind of punishment does a foreigner face for a hit-and-run?
Unlike a simple minor traffic accident, a foreigner’s hit-and-run is judged heavily based on the very act of fleeing the scene.
If a foreign national is charged under the Act on the Aggravated Punishment of Specific Crimes (known as the "Special Act") for causing death or injury while fleeing (i.e., hit-and-run resulting in injury or death), the following penalties may apply depending on the outcome of the incident:
1. If the victim dies: Life imprisonment or imprisonment for not less than 5 years
2. If the victim is injured: Imprisonment for at least 1 year, or a fine ranging from 5 million to 30 million KRW
In court, the judgment goes beyond just the incident itself — the circumstances that led to the flight and the judgment made at the time are also considered.
However, if intentionality is recognized based on the facts, the possibility of leniency decreases and the sentence may become more severe.
What matters most in determining the level of punishment is not just the result, but whether the individual can clearly explain why they left the scene.
Foreigners Driving Without a License — What Are the Penalties?
Even in cases of simple unlicensed driving by a foreigner, the penalty can be:
1. Imprisonment of up to 1 year, or
2. A fine of up to 3 million KRW
However, if the foreign national causes an accident while driving without a license, the punishment is significantly heavier.
If the accident results in death or serious injury, the penalty may be: Imprisonment of up to 5 years, or A fine of up to 20 million KRW
Furthermore, if unlicensed driving is accompanied by drunk driving or a hit-and-run, there is a real possibility of a prison sentence without suspension.
Unlicensed driving by a foreigner may appear to be a minor offense, but when combined with an accident, its consequences can be far more severe.
2. A fine of over 3 million won can impact your immigration status.
Just because criminal punishment has concluded does not mean that immigration procedures are over as well.
If a foreigner is fined over 3 million KRW for a hit-and-run incident, a criminal review process may be initiated under the Immigration Control Act, and the
following measures could be considered:
1. Deportation Order
2. Forced Expulsion Order
Once such a decision is made, it can restrict visa extensions or re-entry permits, and even if the individual is still residing in Korea, they may be ordered to leave the country within a specified period.
In particular, cases like hit-and-run involving flight from the scene are not seen as simple negligence. Immigration authorities will evaluate not only the legal violation but also the overall credibility of the case.
3. Why is legal assistance necessary in a foreigner's hit-and-run case?
In legal proceedings, what matters more than when you begin is how you respond.
If the right steps are missed early on, the situation could escalate to not only a prison sentence but also a deportation order.
When involved in a case of unlicensed driving by a foreigner or a hit-and-run incident, the following actions are crucial to reduce future consequences:
1. Reaching a Settlement with the Victim: A well-structured settlement—both in terms of compensation and wording—at an early stage can have a positive influence on the court's judgment. An amicable resolution with the victim is considered a key factor in sentence reduction.
2. Obtaining a “Letter of Non-Punishment”: This official document, in which the victim states they do not wish for the offender to be punished, can be submitted as a mitigating factor and serves as a strong basis for requesting leniency.
3. Preparing Documentation for Immigration Authorities: In foreigner-related hit-and-run cases, the fine amount, circumstances, and attitude during statements directly influence the criminal review under immigration law. In such cases, summary documents or explanatory statements prepared by a legal representative can play a vital role in reducing the likelihood of deportation or re-entry bans.
What lasts longer than the criminal sentence is how the case is interpreted.
A strategic response that takes both criminal and immigration consequences into account begins with the involvement of a legal expert.
4. Foreigner Faced Deportation After Hit-and-Run – Maintained Residency Through Statement of Explanation <Real Case>
The client, a Chinese national, had been residing in South Korea for approximately 10 years on an F-4 visa, living with their spouse, Mr./Ms. A, a Thai national, and building a family together.
However, due to a momentary lapse in judgment, the client was involved in a hit-and-run incident, striking a pedestrian and fleeing the scene. As a result, the court sentenced the client to 8 months of imprisonment, suspended for 1 year. Following the conviction, the immigration authorities issued a deportation order against the client.
With the assistance of legal counsel, the client submitted a detailed explanation highlighting the following:
1. The incident did not involve serious negligence,
2. A settlement was reached with the victim, including submission of a letter of non-punishment, and
3. The client had strong family ties and a stable economic foundation in Korea.
As a result, the court accepted these arguments and overturned the deportation order, allowing the client to continue residing in South Korea.
5. Final words
Unlicensed driving or hit-and-run incidents involving foreigners are cases where the way you respond afterward has a greater impact than the accident itself.
In particular, for foreign nationals, the circumstances of fleeing the scene are often taken into account, and it is not uncommon for cases to lead beyond criminal punishment to deportation measures.
What matters more than the sentence is how the case is perceived and what actions were taken during the process.
Since irreversible consequences can easily arise when trying to handle the matter alone, it is essential to prepare a response plan from the very beginning that considers both criminal and immigration aspects.
Legal assistance from a representative who can coordinate both criminal and immigration matters is the most practical way to reduce risks.
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!
