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.
Immigration authorities may consider various factors, including:
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.
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:
Therefore, even for similar drunk driving incidents, the result may differ depending on each person’s individual circumstances.
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.
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.
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:
Therefore, it is necessary to review the entire situation, including both the details of the incident and the person’s circumstances in Korea.
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:
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:
For foreign nationals who have difficulty communicating in Korean, accurate interpretation during the investigation process is also important.
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:
Both criminal procedures and immigration procedures may affect the final situation.
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.
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