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법률칼럼Legal InsightForeigner2026. 09. 23

[South Korean Lawyer] Drunk Driving and Immigration Issues in Korea

CONTENTS Contents 01 Not every foreign national involved in drunk driving will face deportation 02 Criminal punishment a

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CONTENTS
Contents
01
Not every foreign national involved in drunk driving will face deportation
02
Criminal punishment and immigration measures are separate procedures
03
In what situations can the possibility of deportation increase?
04
Early response may affect future immigration procedures
05
Drunk driving cases require both criminal and immigration review

Hello, we are Majung Law Firm, a law firm specializing in foreign nationals.

For foreign nationals living in Korea, drunk driving is not simply a traffic violation.

This is because the case may involve not only criminal punishment but also immigration-related administrative procedures.

Many foreign nationals who are concerned about the possibility of deportation after a drunk driving incident ask questions such as whether they can maintain their visa status, whether they may receive a departure order, or whether they may become subject to forced removal after being investigated by the police.

i
However, not every foreign national involved in a drunk driving case receives the same outcome.

Immigration authorities may consider various factors, including:

Blood alcohol concentration
Whether an accident occurred
Whether it was a repeat offense
The extent of any damage caused
Previous immigration history

Today, we will explain the important points regarding drunk driving cases involving foreign nationals and possible immigration consequences.

A South Korean lawyer experienced in foreign criminal and immigration cases can help review both the criminal procedure and possible immigration issues.

01

Not every foreign national involved in drunk driving will face deportation

Many people believe that being caught for drunk driving automatically leads to deportation.

However, the actual process is more complicated.

First, criminal procedures may proceed, and afterward immigration authorities may separately review the person’s residence status and the details of the offense.

The following factors may be considered:

CHECK POINT
01
Blood alcohol concentration
02
Whether the person has previous drunk driving records
03
Whether an accident occurred
04
Previous criminal history
05
Whether injuries occurred
06
Length of stay in Korea
07
Family relationships and financial circumstances
08
Current visa status

Therefore, even for similar drunk driving incidents, the result may differ depending on each person’s individual circumstances.

02

Criminal punishment and immigration measures are separate procedures

For foreign nationals, the conclusion of a criminal case does not always mean that all procedures are finished.

i
Even after receiving a fine or suspended sentence, immigration authorities may separately review whether the person can continue maintaining their current residence status.

Possible immigration measures may include:

Procedure Possible impact
Restriction on extension of stay Difficulty extending current visa
Restriction on change of status Possible disadvantage when applying for another visa
Departure order Requirement to leave Korea within a certain period
Forced removal Possible compulsory departure if legal requirements are met
Restriction on re-entry Possible limitation on entering Korea again

It is important to understand that criminal judgments and immigration procedures are handled separately.

A South Korean lawyer familiar with immigration procedures can help explain how criminal results may affect future residence issues.

03

In what situations can the possibility of deportation increase?

Not every drunk driving case results in forced removal.

However, more careful review may be required in situations such as:

Repeat drunk driving offenses
Refusal to take a breath test
Traffic accidents involving victims
Driving without a license together with drunk driving
Hit-and-run allegations
Other criminal cases occurring together
i
On the other hand, being a first-time offender does not automatically guarantee that residence status will be maintained.

Therefore, it is necessary to review the entire situation, including both the details of the incident and the person’s circumstances in Korea.

04

Early response may affect future immigration procedures

In drunk driving cases, statements made during the police investigation and submitted evidence can be important.

Details such as:

The circumstances of the incident
The reason for drinking
Driving distance
Whether damages were recovered

may be reviewed not only during the criminal procedure but also during later immigration examinations.

Therefore, it is important to consider the following from the early stage:

PROCESS
01
Accurately organize the facts of the case
02
Proceed with damage recovery if necessary
03
Confirm current visa and residence status
04
Prepare a response strategy considering possible immigration procedures

For foreign nationals who have difficulty communicating in Korean, accurate interpretation during the investigation process is also important.

WHY MAJUNG?
Majung Law Firm reviews foreign criminal cases together with immigration issues and provides English and Chinese interpretation support.
The firm also works with a Chinese-speaking attorney with a background from Peking University to help foreign clients clearly explain their situations.
FINAL NOTE

Drunk driving cases require both criminal and immigration review

The possibility of deportation after a drunk driving case is not determined solely by the fact that drunk driving occurred.

Various factors may be considered together, including:

Details of the offense
Current visa status
Life foundation in Korea
Possibility of repeated violations

Both criminal procedures and immigration procedures may affect the final situation.

i
Especially if a foreign national has already received notice regarding a departure order or forced removal procedure from immigration authorities, it is important to accurately identify the current stage of the procedure and determine an appropriate response.
WHY MAJUNG?
Majung Law Firm reviews foreign criminal and immigration cases together and provides interpretation support in English and Chinese.
Through cooperation with Chinese-speaking legal professionals, the firm helps foreign nationals explain their cases without language barriers.

If you are currently under investigation for drunk driving or are concerned about possible deportation, it is important to review not only the criminal procedure but also your visa status and immigration situation to determine an appropriate response.

Legal assistance is available not only in Seoul but also in Busan, Daejeon, Daegu, and Gwangju, with the same support provided as through the main office.

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!

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