After Fleeing the Scene, Your Visa Could Disappear as Well.
As incidents involving foreign nationals in hit-and-run accidents and drunk driving cases have been increasing, public concern over these issues has also grown.
Drunk driving and hit-and-run offenses involving foreign nationals are not simple traffic accidents, but serious crimes that threaten human life. In particular, foreign nationals may face not only criminal penalties but also immigration sanctions, making careful and strategic responses essential.
There have been actual cases in which what began as a minor collision was treated as a hit-and-run simply because the driver fled the scene, leading not only to criminal punishment but also to forced deportation.
For this reason, in cases involving crimes by foreign nationals, how the situation is handled at the initial stage is critically important. If the circumstances are unjust or misunderstood, it is vital to seek assistance from a legal professional and respond in accordance with the proper legal procedures.
Accordingly, today we will examine the penalties and response strategies for hit-and-run cases involving foreign nationals.
Contents
1: What Are the Penalty Standards by Type of Hit-and-Run Accident Involving Foreign Nationals?
2: How Should One Respond to a Hit-and-Run Case Involving a Foreign National?
3: Deportation Standards for Foreign Nationals Depending on the Circumstances of the Accident
4: A single act of fleeing the scene can result not only in criminal punishment but also in the loss of your immigration status.
1: What Are the Penalty Standards by Type of Hit-and-Run Accident Involving Foreign Nationals?
If you injure someone while driving, what is the very first thing you should do?
You must immediately get out of the vehicle, check the victim’s condition, and take any necessary measures. This is basic common sense that most drivers are aware of.
However, if you leave the scene without taking any action due to panic or fear, the incident may no longer be treated as a simple accident. From that moment on, it can be classified as a hit-and-run offense. This is what we commonly refer to as hit-and-run.
Then, what kind of punishment applies to hit-and-run cases, which are one category of crimes involving foreign nationals?
Unlike ordinary traffic accidents, hit-and-run offenses are subject to significantly heavier criminal penalties.
Penalties for Hit-and-Run Offenses Involving Foreign Nationals (Penalty Standards by Type of Accident)
- Hit-and-run resulting in injury: Imprisonment for 1 to 15 years, or a fine of KRW 5 million to KRW 30 million
- Hit-and-run resulting in death: Life imprisonment or imprisonment for 5 years or more
- Hit-and-run offenses involving foreign nationals are punished far more severely than ordinary traffic accidents under the Act on the Aggravated Punishment of Specific Crimes.
If drunk driving is also involved, the offender may face not only harsher criminal punishment but also immigration sanctions, including forced deportation.
Aggravated Penalty Standards for Traffic Accidents; What Are the Penalties for Drunk Driving and Hit-and-Run?
- Injury + Drunk Driving + Hit-and-Run: Imprisonment for 1 to 15 years, or a fine of KRW 10 million to KRW 30 million
- Death + Drunk Driving + Hit-and-Run: Life imprisonment or imprisonment for 10 years or more
As shown above, when drunk driving and hit-and-run occur simultaneously in cases involving foreign nationals, the penalties become more severe and the situation becomes far more complex.
The key point to remember is this: even if the driver is not at fault for the accident, fleeing the scene will still result in punishment.
This is because providing aid to the victim after an accident is a legal obligation that must be fulfilled.
2: How Should One Respond to a Hit-and-Run Case Involving a Foreign National?
So, if a foreign national is involved in drunk driving or a hit-and-run accident, how should they respond?
When a foreign national commits a drunk driving offense or is involved in a hit-and-run accident, the following response strategies can help minimize penalties.
Response Strategies in Hit-and-Run Cases Involving Foreign Nationals to Reduce Penalties
- Securing evidence from the time of the accident is essential
- Reaching a settlement with the victim is critical
- Strategic legal responses are necessary to reduce the severity of punishment
Let’s take a closer look at each point below.
First, securing evidence from the time of the accident is essential.
Dashcam footage, witness statements, and other records documenting the circumstances of the accident can serve as key evidence in establishing the truth of the case. Quickly securing such evidence can help prevent unfavorable misunderstandings and significantly reduce the severity of punishment.
Second, reaching an amicable settlement with the victim is crucial. In hit-and-run cases, the most practical way to reduce sentencing is through a settlement with the victim.
If a settlement is reached and a statement of non-punishment is obtained from the victim, the level of criminal punishment may be reduced, potentially resulting in lighter outcomes such as fines or suspended sentences.
In addition, it is essential to take a strategic approach to reducing penalties in cases involving foreign nationals.
In particular, when a foreign national receives a fine of KRW 3 million or less, there is a higher likelihood of avoiding immigration sanctions such as forced deportation or revocation of residency status.
Therefore, if a foreign national becomes involved in a criminal case, it is important to pursue a strategic response that considers not only criminal penalties but also immigration consequences.
3: Deportation Standards for Foreign Nationals Depending on the Circumstances of the Accident
If a foreign national commits a serious crime, they may be subject to an offender review.
An offender review is an administrative procedure conducted by the Immigration Office to determine whether a foreign national who has committed a criminal offense should be forcibly deported.
If the case results only in a minor fine, it may not lead to forced deportation. However, if serious injury or loss of life has occurred, the outcome of the offender review may result in deportation or an entry ban.
In particular, when a foreign national commits a hit-and-run accident, the results of the offender review can vary significantly depending on the severity of the accident, the level of criminal punishment, and whether a settlement with the victim has been reached.
Deportation Standards for Foreign Nationals Depending on the Circumstances of the Accident; Likelihood of Deportation Based on Accident Severity
- Property damage only→ Low likelihood of a departure or deportation order
- Minor hit-and-run (minor injuries or property damage)→ Possible issuance of a deportation order
- Serious hit-and-run (serious injury or fatal accident)→ High likelihood of forced deportation
- Fatal accident→ Very high likelihood of forced deportation and re-entry restrictions
In cases involving only property damage, such as vehicle damage, forced deportation is generally unlikely. However, depending on the level of criminal punishment, disadvantages may still arise during immigration review.
In cases of minor hit-and-run incidents involving minor injuries or property damage, a deportation order may be issued depending on the sentence and specific circumstances. In particular, if the fine exceeds KRW 3 million, or if the total fines over five years exceed KRW 5 million, the individual may become subject to a departure order.
By contrast, serious hit-and-run cases resulting in severe injury or death are highly likely to result in forced deportation, rather than a simple departure order. In addition to criminal punishment, immigration sanctions may follow, ranging from visa cancellation to forced removal.
Once criminal punishment is imposed, an offender review will be conducted. In many cases, there is a high possibility that the individual’s visa will be revoked, and once the visa is canceled, the individual may immediately lose lawful status and be classified as an undocumented resident.
In such cases, a forced deportation order may be issued, and the individual’s immigration record may result in restrictions on re-entry.
Because hit-and-run cases involving foreign nationals are directly linked to immigration consequences, thorough legal response from the early stages of the case is essential.
4: A single act of fleeing the scene can result not only in criminal punishment but also in the loss of your immigration status.
Hit-and-run and drunk driving offenses involving foreign nationals are serious crimes that can ultimately sever one’s entire life in Korea.
In particular, foreign nationals may face disadvantages during police investigations or court proceedings due to language barriers or limited understanding of Korean law. For this reason, obtaining the assistance of a lawyer from the very early stages of a case is critically important.
If handled carelessly, such cases can lead to severe legal sanctions. Seeking support from a criminal defense attorney specializing in cases involving foreign nationals from the outset is the safest way to respond.
At Law Firm Majung, consultations are provided by attorneys with prior experience in the Immigration Office’s offender review division as well as Korean Bar Association–certified criminal defense specialists.
We offer comprehensive legal support throughout the entire process, including criminal defense for hit-and-run and drunk driving cases involving foreign nationals, offender review proceedings, and responses to immigration sanctions—tailored to each client’s specific circumstances.
If you are seeking the assistance of trusted legal professionals, we invite you to confirm our expertise through a consultation. Our experience and competence are demonstrated not through words, but through results.
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