Foreign criminal litigation
Check out <real cases> to learn how to address the crisis of foreign nationals being forcibly deported for DUI.
Foreign criminal litigation
Check out <real cases> to learn how to address the crisis of foreign nationals being forcibly deported for DUI.
Hello from the MAJUNG Foreigner Center,
Drunk driving is seen as a major societal issue both domestically and internationally. Drunk driving incidents are a daily occurrence in Korea as well, and enforcement measures have lately been stepped up due to the rising number of foreign drivers implicated in drunk driving incidents. In addition to facing criminal penalties, a foreign national who commits a crime in the nation cannot evade immigration penalties like forced deportation. As a result, the defense must be more cautious than in criminal trials involving regular Koreans.
Hiring a criminal attorney without conditions will not stop the forced deportation of foreign nationals convicted of driving under the influence. You should consult a "lawyer specializing in foreign criminal cases" for assistance, as they may offer complete care for immigration disposition in addition to mitigating criminal punishment. The Majung Foreigner Center, which specializes in foreigners, provides optimal legal solutions based on many years of experience in criminal defense for foreigners.
Join the 'Majung Foreigner Center for Foreign Criminal Cases. Utilizing the MAJUNG Foreigner Specialized Center for Foreigner Criminal Cases gives you confidence.
✔️ Certified criminal defense attorneys by the Korean Bar Association strongly combat criminal punishment
✔️ Attorneys with experience as a Criminal Attorney at the Immigration Office with a focus on immigration litigation
✔️ Immediate access to simultaneous interpretation consultation in English, Chinese, and Bengali
✔️ A specialized response center for foreign drunk driving with qualified staff that can react rapidly
✔️ One-stop perfect care for criminal punishment and immigration issues
(1) Punishment for drunk driving by foreigners
Like a Korean citizen, a foreign person found driving while intoxicated will face criminal penalties under the Road Traffic Act. The exact penalty is determined by the blood alcohol level. If it is typically tested between 0.03 and 0.08%, you might face a fine of up to 5 million won or a year in jail as punishment.
> Alcohol level 0.08% - 0.2%: imprisonment for 1 to 2 years or a fine of 500 to 10 million won.
> More than 0.2%: Imprisonment of 2 to 5 years or a fine of 10 to 10 million won
In the meanwhile, if it is found to be more than 0.08%, it is considered "drunk" and faces severe penalties. That is to say, (1) 0.08 to 0.2% will result in a fine of 5 to 10 million won or a year and a half in jail, and (2) 0.2% or more will result in a fine of 1 to 20 million won or less. A fine or two to five years in jail is what awaits you. The driver faces a punishment of 5 to 20 million won or a term of imprisonment of 1 to 5 years if they exhibit an uncooperative attitude, such as refusing to submit to a breathalyzer test. It's important to respond carefully and with legal counsel since, depending on the circumstances, you can be facing actions like license suspension or revocation.
Depending on the circumstances of each instance, different punishments apply for drunk driving accidents. A legal representative with extensive relevant experience is necessary to determine the 'appropriate response method' for an individual's accident, as the penalty varies significantly based on the type of accident—personal or property—and the extent of damage sustained by the victim.
(2) What must you do to defend against forced deportation from the country due to drunk driving
Again, "more careful legal action is required than for a domestic person" if a foreign national is found to have driven under the influence. The potential issuance of a "forced departure" order is the rationale. International residents have the legal right to dwell in Korea, thus the likelihood that they will lose this right should they commit a crime there is quite high. Therefore, a sophisticated reaction is required even if you are facing criminal penalties for driving while intoxicated, such as jail time or a fine. You could even obtain a deportation order from the immigration authority.
There is a high possibility that foreign nationals may have difficulties in renewing their visa or extending their status of stay "just because they were involved in a crime," even in cases of small accidents when the victim's injuries are not severe. We strongly advise that if you find yourself in a situation where you need to stay in Korea, you get help from a legal professional who can skillfully defend against a forced departure order. Depending on how you explain your circumstances to the Immigration Office, you could be able to stay or not.
(3) <Actual case> Overcoming the crisis of forced deportation of foreigners due to drunk driving
The Foreigner Specialized MAJUNG Center handled the situation shown below, protecting a client who was about to be deported because a foreign he was operating a vehicle while intoxicated. (*Note that certain sections have been modified to protect the client's identity.)
#️ Case Detail
The client who came to MAJUNG was a citizen of Russia. He drove after drinking, injuring the victim who had been diagnosed with a dislocation of the anterior for three weeks. The client's blood alcohol level was found to be around 0.082% after a breathalyzer test performed by the police. This was equivalent to a 500–10 million won fine or a 1- to 2-year jail sentence. Ultimately, the client was placed under the Road Traffic Act with an 8 million won fine and had to respond to an order of forced deportation from the Immigration Office. We went there to investigate forced departure since the client had to stay in Korea for work-related reasons. He has come to MAJUNG for legal assistance.
# MAJUNG's Solution Methods
Majung formulated the following plan to lower the customer's sentence and avoid a forced departure after determining that the 8 million won fine imposed on the client was too high.
MAJUNG's argument point
(1) With no prior criminal history, the client is a "first-time offender."
(2) In Korean society, the client has set an "example."
(3) A sincere agreement was reached between the victim and the client.
(4) The client was required to "stay in Korea" due to circumstances.
Rather than the fine, the client's greatest concern was the possibility of "forced departure." MAJUNG had to persistently dispute the client's departure order since he had to stay in Korea for work-related reasons. Reducing the fine amount was crucial in arguing against the departure order since foreign nationals are considered to be forced eviction if they are sentenced to a one-time fine of 3 million won or more. Majung thus made a great effort to lower the client's fine.
The client first and foremost was a "first-time offender" with no prior criminal record and before the drinking mistake, he had lived a model life that included volunteer work in Korea. We further argued that attempts to have an arrangement with the victim as soon as possible following the tragedy led to the decision not to pursue punishment. Most importantly, we stated that concern that his future life may become extremely tough if his 8 million won fine in this case is affirmed, as he wouldn't be able to avoid being forced to depart.
# Case Result
The court was persuaded by MAJUNG's sound arguments, and as a result, the original 8 million won fine was revoked and a final 2.5 million won fine was imposed.
(4) ‘Core strategy’ to prevent foreigners from being forced to leave the country due to drunk driving
Drunk driving is the equivalent of possible killing. Even in Korea, there are harsh penalties for this kind of traffic offense as it might have grave consequences for the offender as well as for other people. However, there is no reason to unconditionally endure high penalties just because you are a foreigner. To reclaim your "legitimate rights," please seek the advice of a legal representative if you believe that you have been subjected to a decision that goes against your standards.
Established as a one-stop legal solution for foreign drunk driving cases, the Foreigner Specialized MAJUNG Center offers comprehensive legal services ranging from criminal prosecution to immigration processing. A team of criminal attorneys qualified by the Korean Bar Association and seasoned immigration office professionals make up the "Drinking Relief Response Special Team," which strongly argues against the forcible deportation of foreign nationals who drive under the influence. We hope you will promptly handle the matter with the Majung Foreigner Center if you are facing deportation as a result of being caught driving under the influence.
MAJUNG is not confined to reacting just to legal penalties. We handle everything, including problems with forced deportation. The law firm "MAJUNG," which focuses on representing foreigners, has made this feasible. The MAJUNG center is a foreign-focused organization that offers legal aid to foreign nationals whose rights in Korea are not upheld. We offer one-stop legal services from criminal punishment to immigration disposition. Our team of criminal defense attorneys certified by the Korean Bar Association and a representative lawyer with experience as an instructor at the Immigration Office are working on the issue of forced deportation of foreign nationals due to drunk driving. Complete everything at once in one location.