F-4 F-5 음주운전벌금 DUI Fines for F-4 and F-5 Visa Holders in South Korea 음…

박동진 변호사

Attorney at Lawfirm Dongju

Prosecutor at the Seoul Western, Geochang, Cheongju, Daegu (Violent Crimes Division), Seoul Southern, Bucheon, Daegu, and Seoul Northern District Prosecutors’ Offices and their Branch Offices (1992–2005) 

Prosecutor, Seoul High Prosecutors’ Office (2006, 2016–2018) 

Prosecutor, Jeonju Branch of Gwangju High Prosecutors’ Office (2008); Jeju Branch (2009) 

Chief Prosecutor, Criminal Division 1, Daegu District Prosecutors’ Office, Western Branch (2007); Chief Prosecutor, Criminal Division 2, Daejeon District Prosecutors’ Office (2010) 

Chief Prosecutor, Jinju Branch of Changwon District Prosecutors’ Office (2012) 

Chief Prosecutor, Wonju Branch of Chuncheon District Prosecutors’ Office (2013) 

Advisor to the Chairperson, Anti-Corruption and Civil Rights Commission of Korea (2014) 

Chief Prosecutor, Gyeongju Branch of Daegu District Prosecutors’ Office (2015) 

Chief Prosecutor, Major Economic Crimes Investigation Team, Busan District Prosecutors’ Office (2019, 2020) 

Head and Chief Prosecutor, Major Economic Crimes Investigation Team, Seoul Central District Prosecutors’ Office (2021, 2022)

F4 F5 외국인 음주운전벌금 얼마? 벌금감경 방법까지 정리해 드립니다

DUI Fines for F-4 and F-5 Visa Holders in South Korea: How much could you be fined, and how can you seek a reduction?

세줄요약

• F4 F5 외국인 또한 내국인과 마찬가지로 음주운전 단속적발 시 최대 2천만 원의 벌금이 나올 수 있으며, 사건의 경중에 따라 벌금형이 아닌 징역형이 검토될 수 있습니다.

• 외국인 음주운전으로 벌금 3백만 원 이상이 나올 경우 출입국 사범심사에서 강제퇴거 처분이 선택될 가능성은 크게 상승할 수 있습니다.

• 강제퇴거 가능성을 최대한 해소하기 위해서는 최대한 음주운전 벌금을 감경받을 수 있도록 해야 합니다.

Hello. This is Lawfirm Dongju.

Driving while intoxicated can cause serious harm not only to the driver but also to other road users. To prevent such incidents, the South Korean government has amended the Road Traffic Act several times in recent years in order to significantly strengthen the criminal penalties and enforcement standards for the crime.

Nevertheless, some individuals continue to drive after drinking under the mistaken belief that they will be fine as long as they are not caught. However, driving while intoxicated is a violation of the Road Traffic Act and may result in criminal penalties.

Under the principle of territorial jurisdiction, the Road Traffic Act applies to foreign nationals in South Korea as well.

Furthermore, foreign nationals convicted of the crime may also face Immigration Violation Screening which could lead to a Deportation Order.

Please note that F-4(Overseas Korean visa) and F-5(Permanent Residency visa) visa holders, despite their relatively stable immigration status, are not necessarily exempt from the possibility of Deportation.

Therefore, it is important to take prompt actions if you are facing a DUI case as a foreign national. Seeking advice from a lawyer experienced in both criminal defense and immigration matters may help you understand your legal position and determine the appropriate response.

01 How much can a foreign national be fined for DUI in South Korea?

Under South Korea’s Road Traffic Act as applicable in 2026, the threshold for driving while intoxicated is a blood alcohol concentration (BAC) of 0.03% or higher while operating a motor vehicle.

Foreign nationals who meet this threshold may face the following criminal penalties, depending on their measured BAC:

• BAC of 0.03% or higher but less than 0.08%: Imprisonment with labor for not more than 1 year or by a fine not exceeding KRW 5 million.

• BAC of 0.08% or higher but less than 0.2%: Imprisonment with labor for not more than 2 years or by a fine not exceeding KRW 10 million.

• BAC of 0.2% or higher: Imprisonment with labor for not more than 5 years or by a fine not exceeding KRW 20 million.

Based on these statutory ranges, you may assume that the maximum DUI fine is KRW 20 million. However, there are two important points to consider.

First, these ranges do not mean that every case will result in a fine. Repeat offenses, traffic accidents, and other aggravating circumstances may lead to more severe criminal penalties.

Second, a criminal fine is not the only possible penalty for a foreign national convicted of DUI. Depending on the seriousness of the offense and the circumstances of the case, the court may impose an imprisonment instead of a fine.

Therefore F-4 or F-5 visa holders caught driving while intoxicated should first assess whether a fine is a realistic outcome before attempting to predict the amount of fine that could be imposed.

02 Could a DUI fine of KRW 3 Million or more lead to Deportation?

Some foreign nationals feel relieved when they receive a fine for DUI, viewing it as a favorable outcome than an imprisonment or a suspension of execution of sentence.

Although a fine may be less severe than imprisonment, you must not assume that paying a fine will resolve all the legal matters.

A DUI conviction resulting in a fine of KRW 3 million or more may potentially lead to a Deportation Order under the applicable provisions of South Korea’s Immigration Act.

This applies to F-4 Overseas Korean visa holders and F-5 permanent residency visa holders as well. Possessing either visa does not, by itself, guarantee protection against Deportation.

Therefore, it is important to seek a fine reduction during the criminal proceeding in order to eliminate the risk of Deportation.

03 I received a Summary Order for DUI. Can I seek a fine reduction?

A Summary Order is a legal decision or ruling made by a court without a full trial.

This procedure can reduce the burden of attending a full trial and allow the case to be resolved more quickly. However, there is a possibility that materials relevant to sentencing may not be fully considered.

If you believe that the fine is excessive in light of the circumstances, you may consider contesting the order. This procedure allows the case to be examined in a formal trial, where you have an opportunity to present relevant arguments and materials supporting a more lenient sentence.

However, contesting the summary order does not guarantee a DUI fine reduction. You must explain why you believe that the mitigating circumstances were not adequately considered and present any additional mitigating circumstances or supporting evidence that may be relevant.

The process requires a careful assessment of the case and practical experience with criminal proceedings to ensure positive outcome.

Since you can only contest the Summary Order within 7 days of receiving the notification, it is advisable to seek legal assistance promptly in order to complete preparation.

04 FAQs about DUI Fines for F-4 and F-5 Visa Holders

Q1. Can a repeat DUI offender still receive a lenient sentence?

A lenient sentence may still be possible, but it is generally more difficult to obtain than a first-time offender.

Please be aware that multiple number of repeat offenses or a short interval between offenses can increase the likelihood of imprisonment due to aggravating circumstances.

Q2. Can a court impose a fine during formal trial proceedings for DUI?

Yes, but thorough preparation is essential.

The fact that the case proceeded to a formal trial rather than being resolved through a summary order could mean that the case needs to be thoroughly examined by the court, instead of imposing a fine.

Q3. Can the fine imposed after a formal trial be higher than the fine specified in the Summary Order?

Under the Prohibition of Judgment Disadvantageous to Criminal Defendant, a fine more than the amount specified in the summary order can be imposed after a formal trial.

You should therefore carefully assess the potential consequences before contesting the Summary Order.

05 Driving while intoxicated is criminal offense that must not be taken lightly

As alcohol-related traffic accidents continue to cause serious injuries and fatalities, public concern over DUI is on the rise. In response, the authorities have recently emphasized the seriousness of these offenses and the need for appropriate legal consequences.

Therefore, foreign nationals including F-4 and F-5 visa holders should consider consulting a lawyer experienced in DUI cases involving foreign nationals.

Lawfirm Dongju can help you evaluate the circumstances of your case, identify relevant mitigating factors, and consider the appropriate legal response to both the criminal proceedings and potential immigration issues.