If you leave the scene immediately after an accident, hit-and-run charges may apply from that moment. Claiming that you left because you were panicked is not accepted as a valid excuse. The mere fact that you did not remain at the scene can be sufficient for authorities to classify the act as flight.
Because your right to remain in the country is at stake, this is not an issue that can be taken lightly. In reality, many foreign nationals miss critical opportunities to respond simply because they are unfamiliar with the procedures. Even when there was sufficient time to take action, delayed judgment often makes the situation far more complicated.
Cases involving unlicensed driving, hit-and-run, or drunk driving by foreign nationals—where criminal law and immigration procedures are intertwined—are extremely difficult for individuals to handle on their own. If you want to set the direction of the case correctly from the outset, seeking advice from a professional such as a Daegu-based foreign national attorney is a far more stable and effective way to respond.
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① When Unlicensed, Uninsured, and Drunk Driving Overlap, a Fine Is Not the End
In Korea, foreign nationals must hold a valid international driver’s license or a Korean driver’s license in order to drive a vehicle, and they are also required to carry basic liability insurance. In practice, however, cases are frequently discovered where individuals drive without a license or without insurance.
Because each of these offenses is serious on its own—and because cases involving overlapping charges tend to become structurally complex—early response is critically important.
② It Doesn’t End with Criminal Punishment: Your Immigration Status Is Also Affected
Unlike Korean nationals, foreign nationals do not see all procedures come to an end when a criminal trial is over. In cases involving traffic-related offenses such as unlicensed driving, driving without insurance, drunk driving, or hit-and-run, foreign nationals are subject to additional review by immigration authorities.
To prevent such consequences, it is important to prepare a response that considers both criminal proceedings and immigration status from the earliest stage, including efforts to reduce criminal penalties while also demonstrating the necessity of continued stay in Korea.
③ Leniency Requires a “Prepared and Responsible Attitude”
When a case involves overlapping charges—such as unlicensed driving, drunk driving, or hit-and-run by a foreign national—one of the factors that most strongly influences the outcome is whether a settlement is reached with the victim. Beyond monetary compensation, the court will consider whether a genuine and sincere apology has been conveyed when deciding whether leniency is appropriate.
However, it is rare for a case to be resolved by settlement alone. Supporting materials that demonstrate a change in attitude and a responsible future direction are often necessary.
In addition, letters of petition from acquaintances, a written statement of remorse, and a personal account explaining the circumstances of the accident can all be used as reference materials during the decision-making process. If the case involves alcohol, certificates of completion for responsible drinking education or medical records related to alcohol treatment can also support a request for leniency.
The challenge is that it is difficult to determine on one’s own which materials to prepare and what aspects to emphasize. In such situations, seeking professional legal advice can help establish an appropriate response strategy from the early stages of the case.
④ The Longer Your Period of Stay, the More Cautious Immigration Review Becomes
For long-term foreign residents—including holders of F-4, F-5, F-6, D-2, and E-7 visas—cases involving unlicensed driving, drunk driving, or hit-and-run do not end with simple criminal punishment. A single violation can result in revocation of visa status or bring an entire life in Korea to a halt.
However, these materials alone do not guarantee the preservation of immigration status. In immigration offender reviews, the likelihood of leniency is significantly higher when the level of criminal punishment is kept low.
⑤ Even After Criminal Penalties End, Deportation Proceedings Can Begin Separately
As explained earlier, cases classified as hit-and-run or flight from the scene are reassessed under immigration standards, even if the criminal court imposes only a fine. In particular, when unlicensed driving or alcohol involvement is also confirmed, visa extensions may be denied and deportation proceedings may be initiated depending on the circumstances.
The problem is that many people realize the seriousness too late. By the time they are contacted by the police or the court and begin to understand the gravity of the situation, immigration procedures may already be underway.
