Caught drink-driving in Korea: what happens to my case and visa?

Drink-driving in Korea is a crime under the Road Traffic Act (도로교통법), not a simple traffic ticket. It runs on two tracks at once: a criminal case that ends in a fine or a prison sentence, and a separate decision about your driving licence. Many first cases with no accident end with a fine ordered on paper, without a court hearing. For a foreigner, a drink-driving fine is not by itself a ground for deportation, but immigration will see it. It can count against your next extension or change of status, and an application for permanent residence must wait three years from the day you pay. Any prison sentence, even one the court suspends, is a far bigger risk. A settlement with a victim (합의) matters only if someone was hurt, and it never erases the drink-driving itself.

What happens at the roadside and at the station?

• The test. Police measure alcohol with a breath device. Refusing to take the test is a separate offence under the same Act; it does not end the case and usually makes the outcome worse. If you doubt the breath result, police practice generally allows you to ask for a blood test instead. Ask on the spot, because the evidence changes with time.
• The paperwork. You will be asked to sign a form recording the measurement and what you said. Do not sign a Korean form you have not had explained, and ask for interpretation before any statement is taken.
• The licence. The licence decision, suspension or revocation, is an administrative measure taken separately from the criminal case. It has its own objection route and deadline, which appear on the notice you receive. Driving while your licence is suspended is a further offence.

How does the criminal case usually end?

Situation	Usual course	Point to watch
First offence, no accident	The prosecution asks the court for a summary order (약식명령); the court imposes a fine without a hearing	7 days to ask for a formal trial
Repeat offence or a high reading	Indictment and a full trial	A prison sentence, often suspended, becomes realistic
Accident with injury or death	Trial that also applies special traffic laws (교통사고처리 특례법, 특정범죄 가중처벌 등에 관한 법률)	Actual imprisonment is possible
Refusing the test	A separate charge under the Road Traffic Act	Not a way around the drink-driving charge

The penalty ranges are set in the Road Traffic Act and depend on the measured level and on past convictions. This article does not quote them; your lawyer will check the version that applies on the date of your case.

A summary order arrived by post. What now?

A summary order is a written judgment imposing a fine. It states the facts, the law and the amount, and tells you that you have 7 days from the day you receive it to request a formal trial. If nobody objects within that time, it becomes final with the same effect as a court judgment.

Two facts are useful for foreigners:

1. The order is sent to the address the authorities have on file. If you moved and did not report the new address to immigration or the local office within 15 days, as the Immigration Act requires, the letter may go to your old home and the 7 days can pass unnoticed. 2. If you ask for a formal trial, the court may not switch to a heavier type of penalty than the one in the order. A fine cannot become a prison sentence on your request, although the amount can rise if the judge explains why. When your visa hinges on staying below imprisonment, that rule makes a formal trial safer to consider.

How does it affect my visa?

• Deportation. A drink-driving fine is not on the deportation list, and drink-driving is not among the crimes the ministry has named for removal regardless of sentence. Imprisonment changes that: being released after serving it is a deportation ground, and a suspended term is commonly handled as a risk of the same kind.
• Extension or change of status. These are discretionary. Criteria are set by ministry rules, and a recent conviction can lead to a shorter period, a request for more documents or a refusal, especially for repeat cases.
• Cancellation. Immigration can cancel a stay permission where a violation of law is serious. A single first-time fine rarely reaches that level; repeat offences or an injury accident may.
• Permanent status (F-5). The waiting period runs three years from payment of a fine, or five years from the date a suspended sentence becomes final.
• Naturalization. The Nationality Act (국적법) also looks at criminal records. Check the current requirements before you apply.

What does a settlement (합의) change?

Drink-driving is an offence against public road safety. There is no private victim who can withdraw it, so when nobody was hurt there is no one to settle with.

When someone was injured, the picture changes. Korean courts must weigh the offender's conduct after the offence, and a signed settlement with a statement that the victim does not want you punished (처벌불원서) is one of the strongest factors in sentencing. It can decide whether the court suspends the prison term or not. What it cannot do in a drink-driving case is make the charge disappear; the special rules that let many ordinary traffic injuries end through insurance or the victim's wishes generally do not cover accidents caused while drunk.

If you settle:

• negotiate through a lawyer, not by visiting the victim yourself;
• get the Korean settlement document translated before signing, and make sure it includes the statement about punishment;
• pay by bank transfer so there is a record;
• ask how your car insurance and the settlement fit together before you pay anything.

Can I leave Korea while the case is open?

Not freely. Immigration can hold back a foreign suspect or defendant at the airport while the case is pending, and the same applies to anyone who owes an unpaid fine of 10 million won or more. If your visa expires during the case, apply to immigration before the expiry date and tell them about the pending case. Travel plans, including a visit home, should be cleared with your lawyer first.

Next step

Find the papers you have: the police notice, any licence decision and, above all, a summary order with the date you received it. If an accident injured someone, do not contact the victim on your own; talk to a lawyer about how to approach a settlement. Consultations are paid; when you contact us, a staff member will call you back and explain the fee.

법무법인 대한중앙
1533-7377

Rules applied

Road Traffic Act (도로교통법) for the offence, the test and the licence measure; Act on Special Cases concerning the Settlement of Traffic Accidents (교통사고처리 특례법) and Act on the Aggravated Punishment of Specific Crimes (특정범죄 가중처벌 등에 관한 법률) for injury accidents; Nationality Act (국적법). Criminal Procedure Act (형사소송법) Article 448 (summary order imposing a fine), Article 451 and Article 453(1) (7 days to request a formal trial), Article 457 (effect of a final summary order), Article 457-2 (no heavier type of penalty after a formal trial request). Criminal Act (형법) Article 51 no. 4 (conduct after the offence as a sentencing factor). Immigration Act (출입국관리법) Article 4(1) and (2) with Article 29(1) (departure can be stopped), Article 25 (extension), Article 36(1) (address change within 15 days), Article 46(1) no. 13 (release after imprisonment), Article 89(1) no. 5 (cancellation for a serious violation). Immigration Act Enforcement Decree Article 1-3(1) no. 1 (unpaid fine of 10 million won). Enforcement Rules Article 18-4(1) no. 1 (permanent residence waiting periods), Article 54 and Article 54-2 (crimes named for removal).

This is general information, not legal advice. Every case is different.