As the number of foreign nationals residing in Korea increases exponentially, various side effects are starting to appear across different areas of society.
There have been increasing cases where foreigners are involved in incidents that disturb public order, such as drug-related crimes, phishing, and drunk driving.
Among these, one of the most frequently occurring issues is traffic-related accidents.
It has been reported that many foreigners in Korea are involved in cases such as ignoring traffic signals, reckless driving, hit-and-run incidents, unlicensed driving, and drunk driving—often resulting in fines or even imprisonment.
When a foreign national is punished for such offenses, they may face the worst-case scenario of being deported or receiving an order to leave the country.
Of course, if a foreigner commits an illegal act, it is natural that they should receive the appropriate punishment.
Being a foreigner should not exempt anyone from the law.
However, it was also important that foreign nationals should not be subject to unfair disadvantages simply because of their nationality.
Today, we will look into the types of legal penalties foreign nationals may face when they are at fault in a traffic accident.
We’ll also explain what steps to take if you are involved in a case of unlicensed driving or drunk driving as a foreigner in Korea.
Contents
1.Penalties of foreign national's drunk driving
2.Punishment of foreign national's driving without license, including when traffic accident involved
3.Legal response as a perpetrator when committed a traffic accident
4.Point to consider when you choose a lawyer in traffic accident case
5.Final words
1.Penalties of foreign national's drunk driving
Foreign nationals involved in traffic accidents are subject to the same punishment under Korea’s Road Traffic Act as Korean citizens.
In the case of a simple traffic accident, the level of punishment for a foreign national depends on the circumstances and severity of the accident.
If the accident was caused by inexperienced driving, the offender may face criminal penalties such as fines or imprisonment, and may also be subject to a civil lawsuit for damages filed by the victim.
If no settlement is reached with the victim, the foreign national may become subject to forced deportation.
In cases involving drunk driving or driving without a license, the offense is considered more serious, and there is a very high likelihood that it will result in a deportation order or a forced departure order.
The specific penalties for drunk driving by foreign nationals are as follows:
Blood Alcohol Level: 0.03% to less than 0.08%
→ Up to 1 year of imprisonment or a fine of up to 5 million KRW
Blood Alcohol Level: 0.08% to less than 0.20%
→ 1 to 2 years of imprisonment or a fine between 5 million and 10 million KRW
Blood Alcohol Level: 0.20% or higher
→ 2 to 5 years of imprisonment or a fine between 10 million and 20 million KRW
2.Punishment of foreign national's driving without license, including when traffic accident involved
Punishment of Foregin national's driving without license:
Simple unlicensed driving
→ Up to 1 year of imprisonment or a fine of up to 3 million KRW
Unlicensed driving causing an accident
→ Up to 5 years of imprisonment or a fine of up to 20 million KRW
While minor accidents caused by inexperienced driving may result in relatively light penalties, more serious cases—such as hit-and-run, drunk driving, or unlicensed driving by foreign nationals—can lead to severe punishment, especially when the victim suffers significant harm.
In such cases, not only can the offender face criminal charges, but they may also be sued by the victim for compensation, making a careful and strategic response essential.
In particular, if a traffic accident occurs due to unlicensed driving by a foreign national, responding carelessly may lead to imprisonment, forced deportation, and substantial financial losses.
Therefore, it is strongly recommended to seek the help of a criminal defense attorney who specializes in foreign national cases from the very beginning, to respond in a structured and effective manner.
3.Legal response as a perpetrator when committed a traffic accident
When a foreign national is the at-fault party in a traffic accident, the initial response is extremely important.
The reason is that, due to limited Korean language skills and unfamiliarity with the Korean legal system, careless behavior may reveal weaknesses or inconsistencies during questioning by investigators.
One must act carefully from the very first stage of the investigation with the police, as this can greatly influence the outcome in subsequent stages involving the prosecution and the court.
The most important action to take immediately after an accident is to seek help from a qualified attorney.
Therefore, in the event of a traffic accident, the individual should contact both an immigration expert and a criminal defense attorney certified by the Korean Bar Association.
4.Point to consider when you choose a lawyer in traffic accident case
An unexpected traffic accident can make it difficult for those involved to make sound judgments.
This is especially true in cases involving unlicensed driving or drunk driving by a foreign national, where the individual may face criminal penalties and even a forced deportation order, making it all the more important to respond with extreme caution.
In an attempt to avoid punishment, some people hastily choose a law firm based on convenience—such as proximity or heavy advertising—without proper consideration.
However, there is a fundamental difference between general law firms and those specializing in foreign national cases.
Moreover, even among specialized firms, it is essential to confirm whether the law firm has an attorney who is an expert in immigration law, as this is crucial for properly handling foreigner-related criminal charges and preparing for possible deportation.
5.Final words
Any issue involving a foreign national ultimately connects to immigration matters, such as forced deportation or departure orders, which is why it is crucial to seek help from an expert in immigration law.
Majung Law Firm offers direct assistance from a specialized attorney with experience working at the Immigration Office.
We stand with foreign nationals to help protect and uphold their rights.
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!
