In our country, drunk driving is one of the major crimes. Therefore, if a foreigner is caught drunk driving, they can face appropriate criminal penalties, civil liabilities, and may lose their existing residency status under the Immigration Control Act regulations and be subject to deportation.
Moreover, if one is deported due to this, it remains on their permanent record, which may prevent them from ever returning to Korea, and the likelihood of obtaining a new visa from their home country is extremely low.
Drunk driving detection is subject to the Road Traffic Act, and the standard under immigration regulations is 5 million won. Simply put, if a fine of more than 5 million won is confirmed, you become subject to deportation. Legally in our country, if your blood alcohol content exceeds 0.08%, you can be immediately subject to deportation.
Also, if you have a cumulative amount of more than 7 million won within the past three years or have a history of suspended execution of punishment, you can be deported even for penalties under 5 million won.
And even if you receive a fine of less than 5 million won, you can become subject to deportation if there is a combination of personal injury, property damage, or if you have not reached an amicable settlement with the victim.
We will look into the procedures that a foreigner will go through if they are caught drunk driving and the corresponding countermeasures.
1. Police Investigation
If caught, you will basically be investigated at the police station. The investigation can take place on the same day or you may receive a separate notice to appear on a different day.
When undergoing a police investigation, you must participate sincerely and take measures such as submitting a letter of reflection or reaching a settlement with the victim.
Because it is virtually impossible to argue innocence under the clear evidence of a breathalyzer test, you have no choice but to consider the sentencing aspect to reduce the penalty as much as possible.
2. Prosecution Investigation
After the police investigation, the case moves to the prosecutor's office. Usually, simple drunk driving detection (low levels) often ends with the prosecutor imposing a summary fine. Before the sentencing or summary order, you must also submit mitigating documents.
Submitting a letter of reflection, a petition, and if a settlement has not yet been reached, proceeding with the settlement, and presenting certificates such as alcohol addiction treatment or sale of the vehicle can have some effect on the sentencing.
Once the sentence is confirmed, the immigration office will be notified to conduct a criminal review.
3. Criminal Review
A criminal review is conducted after the fine is confirmed. While the trial is conducted by the judiciary, the criminal review is conducted separately by the immigration office.
If the fine already received is 5 million won or more, it is practically difficult to avoid deportation.
What can be done here is to intervene when an order to leave the country is given despite receiving a non-indictment or a fine of less than 5 million won.
In this case, you usually submit mitigating documents (letters of reflection, petitions, and statements of reasons) that may help the review, but since each case is different and the overall situation related to each case must be considered, it is recommended to proceed after consultation.
If no action is taken, it is almost impossible to return to Korea again due to fines, forced deportation, and entry bans.
Still, it is probably best to take the best possible measures to avoid this, try everything that can be done, and if it still doesn't work out, then leaving would be the best option.
※ After forced departure, F4 overseas Koreans and F6 marriage visa holders may exceptionally be allowed to re-enter.