👮Review the criminal defense cases handled by MAJUNG to lessen the punishment for 🍾DUI crimes by foreigners.👩
👋Hello from MAJUNG Law Firm Foreigner Center,
📋Case #1
🚓"I was pulled over on suspicion of drunk driving after an accident with the car ahead of me. I don't think they are going to settle lightly because the victims in the car in front were Korean. Will I have to depart the country?"
📋Case #2
🚓"I contacted a driver after drinking, but he wasn't designated, so I hurried and took the wheel myself. Since I was apprehended by the authorities ten years prior for a similar offense, I'm concerned that I may be forced to leave this country."
🕵️♂️These are only a few of the accounts that MAJUNG has been contacted about; daily, inquiries are received from foreign nationals who were just apprehended by the authorities for driving under the influence. A comprehensive strategy in the case of foreign nationals is that they are required to simultaneously respond' to immigration actions in addition to criminal penalties. Additionally, since linguistic communication difficulties might happen to foreigners, it's critical to choose a legal firm that specializes in representing foreign nationals and can fully resolve communication issues.
🚓Foreigner drunk driving🍾
Work with MAJUNG Foreigner Center specializes in foreigners
✅ Skilled international attorneys and immigration office criminal specialists
✅Certified Immigration, Visa, and Refugee Foreigner Expert by the Korean Bar Association
✅Criminal Defense Attorneys Certified by the Korean Bar Association
✅Expert personnel accessible for concurrent translation in three languages: Bengali, Chinese, and English
✅One-stop services for both immigration and criminal penalties
➡With a focus on foreigners, the Majung Foreigner Center offers one-stop services for
(1) immigration disposition response
(2) Criminal case defense for foreigners, as well as
(3) With legal representatives fluent in English, Chinese, and Bengali; makes it a real foreigner-specialized law firm.
📈A rising number of instances include foreign nationals who are having legal issues in Korea visiting many law firms before deciding to settle in Majung. The Majung Foreigner Center has an "unrivaled" standing among domestic foreign legal firms, and we hope you can obtain the "best result" with Majung.
📅Today, we'll examine "how to respond to drunk driving" using Majung's real example of lowering the penalty for intoxicated driving among foreigners.
※ Kindly take note that the narrative presented below has been edited to some extent to protect the client's identity.
📝Case ① Fine decreased to 2.5 million won from 8 million won
🚩 Case detail
➡"I was fined 8 million won, so I'm worried that I'll be ordered to leave the country."
The person who requested help from MAJUNG was a foreigner of Indian nationality who was caught by the police for drunk driving. At the time of the accident, the client's blood alcohol content was measured at approximately 0.082%, and the accident victim was diagnosed to require approximately 3 weeks of hospital treatment. The client was sentenced to a fine of 8 million won for violating the Road Traffic Act. This amount far exceeded the '3 million won fine', which is the standard for the forced deportation of foreigners, so the client urgently requested assistance in responding to the forced deportation.
🚩Case solution method
➡Even though Majung believed that the client should have received punishment for driving while intoxicated, the fine seemed a little high. In addition, my client would be in a very tough situation if this case resulted in an order for him to leave the country, therefore I believed it was my responsibility as a lawyer to do all in my capacity to support his immigration decision.
🏦Accordingly, Majung used its many years of know-how in criminal defense for foreign drunk driving to make the following defense:
(1) There is a very minimal chance of the client re-offending since he is a first-time offender with no prior criminal history involving drunk driving.
(2) The client has continuously served as an example and volunteered in Korea.
(3) Since the client is a foreign national, the likelihood that he will be compelled to depart the nation in the event that the 8 million won fine is validated is quite significant. A deportation order may significantly affect your client's plans for the future.
✔️ The above is but part of Majung's argument. Majung has extensive expertise in managing several overseas criminal cases, enabling us to effectively handle every case. We suggest visiting the Majung Foreigner Center for direct counsel if you're looking for a clear, concise response.
🚩 The Case outcome
🏦Majung skillfully defended the client, and in the end, the client received a punishment of 2.5 million won—less than half of the original 8 million won sentence. A forced departure order may have been avoided since the fine was lowered to less than 3 million won.
Case ② Fine reduced from 3 million won to 2 million won
🚩 Case detail
“I was sentenced to a fine of 3 million won for drunk driving, and I am afraid that I will be deported.”
🌐A Chinese immigrant who had been found guilty of driving under the influence and given a fine approached MAJUNG for assistance. He was found with a blood alcohol percentage of around 0.06% and was fined 3 million won. Given that the norm for deporting foreign nationals is 3 million won, it became essential to address the problem of departure orders going forward. The client immediately needed help from MAJUNG, an immigration law firm, to defend against being compelled to leave Korea since he was in a situation where he had to live in Korea.
🚩Case solution method
➡️The client's whole family resided in Korea, and he had no contacts whatsoever in his own country, China. Thus he had to respond to forced deportation immediately since had had to stay in Korea. Majung decided to reduce the client's fine in an attempt to fight the forced deportation order.
➡️Accordingly, Majung used its many years of know-how in criminal defense for foreign drunk driving to make the following defense:
(1) The client really regrets his conduct and acknowledges his drunk driving offense right away.
(2) There was no property or personal damage sustained at the time the client caused the drunk driving accident, and the drunk driving distance was just around 300 meters.
(3) The client will be in a very tough situation if this lawsuit forces him to leave the country since he won't have any means of support back home.
✔️In criminal defense, the most crucial factor is an "objective explanation" supported by "concrete evidence." Obtaining convincing proof based on a legal viewpoint is crucial since merely stating the unfairness in words would not suffice to persuade the court. Majung made a convincing case for his position by concentrating on gathering "concrete evidence" that addressed the client's circumstances.
🚩 The Case outcome
➡️Majung's thorough defense allowed the client to avoid deportation and get a punishment of a reduced fine of 2 million won instead of the original summary decision of 3 million won.
(3) Penalties for driving while intoxicated abroad and preventative measures
Just like a Korean citizen, if a foreigner is found driving while intoxicated will face criminal penalties based on their blood alcohol content.
Penalty level for alcohol content
> 0.03 - 0.08%: A punishment of up to 5 million won or a year in jail
> 0.08 - 0.2%: 500–10 million won in fines, or one to two years in jail.
> More than 0.2%: a fine of 10–20 million won or two–five years in jail.
➡️Additionally, you may have to prepare for immigration actions like forced deportation, contingent on the severity of the fine you get. Consider that you must address the issue of forced departure as soon as you get caught driving under the influence. In general, you are commonly sentenced to a fine of 3 million won or more for just one DUI incident.
🏦Standards for the forced departure of foreigners
1. When the fine imposed once is more than 3 million won
2. If the total amount of fines accumulated over the past five years exceeds 5 million won.
(4) Considerations to make before appointing a lawyer:
When choosing a foreign drunk driving attorney, it's important to consider if the attorney can handle both "immigration measures" and "criminal punishment" concurrently.
✔️There is a high possibility that a foreign national who commits a crime in Korea, such as drug usage, voice phishing, or drunk driving, may be charged with breaking the Immigration Control Act and face "forced departure." To put it another way, unlike Koreans, if you are a foreigner, you will undoubtedly run into issues with residency; thus, you need to get assistance from a professional who can also handle your resident status.
✅Thus, if you find yourself in a position where you have to stay in Korea, we advise you to behave cautiously and seek guidance from a professional with a great deal of expertise in immigration-related issues.
🤝 Visit MAJUNG and tell us simply your issue. We extend a warm welcome to you from our team of knowledgeable international attorneys.
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MAJUNG Law Firm is a professional law firm located in South Korea, providing legal services to foreign residents in various types of legal cases — ranging from immigration issues, criminal defense, labor disputes, international divorce, damage compensation, and many more.
📣 English, Chinese, Thai, and Bengali interpreters are ready to assist you throughout every process.
< Contact us >
📞 Call us at 070-5067-2322 / Whatsapp: 010-2663-1158
📲 Kakaotalk : http://pf.kakao.com/_xfxlWxib/chat
📩 Email. foreigner@majunglaw.kr
The consultation is available at the MAJUNG Foreigner Center's headquarters in Gwanghwamun, Seoul, as well as at the branch offices in Daegu, Daejeon, Busan, and Gwangju.
