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If you made a car accident in Korea, find a Korean lawyer

2023.12.22 조회수 431회

Hello.

This is a law firm, Teheran Foreigner/Immigration center.

We provide legal help for foreigners who are in trouble in Korea.

Today, we're going to say about what a foreigner should do when he made a car accident in Korea.

 

So we got a key advice from a criminal attorney certified by the Korean Bar Association in Teheran lawfirm.

 

Car accidents occur anytime, anywhere, but in recent years, the proportion of car accidents by foreigner has increased, and the problem has become serious in Korea.

 

As of 2021, the number of foreigners causing car accidents exceeded 2,400, and the number is increasing.

 

If you're a Korean, you only get criminal punishment, but if it's a accident by foreigner, you don't know what disadvantages you'll get if you don't respond quickly.

 

We're going to tell you the whole point about what you should do.
 


■ Punishment according to the case, and the risk of deportation


First of all, we will divide car accidents into two, general car accidents and unlicensed driving.

 

In general, if you are inexperienced in driving or accidental car accidents, punishment varies depending on the situation, and you can end it with a simple fine or settlement.

 

If there is a victim, you should proceed with the case to settlement as much as possible, to reduce the sentence.

 

Then what if you drove without a license?

 

If a foreigner does not have a license available in Korea but drove, he or she will be fined up to 3 million won or imprisoned for up to one year.

 

If an accident occurs due to unlicensed driving, it will be fined up to 20 million won or imprisoned for up to five years.

 

However, foreigners must undergo immigration center's examination, and they may be forced to deport.

 

Foreigners are subject to deportation when they have to pay a fine more than 3 million won or if they have to pay a combined fine more than 5 million won within five years.

 

So if you want to stay in Korea, you must get legal help immediately after the accident.
 


■ What should I do as a foreigner?


The best thing is to find an attorney who can give legal help for foreigners from the beginning.

 

In the police investigation, if your intention is not properly communicated or made unfavorable statements, the direction of case itself will flow unfavorably to you.

 

For sure, the Korean police will hate foreigners who caused car accidents in Korea, and you may face persecution in the process of making statements if they respond to the investigation alone.

 

The same goes when you make settlement with the victim.

 

In criminal cases, settlement with victims is very important, and there is no way that victims will show a positive attitude toward foreigners who have already caused accidents.

 

In the process of communication, misunderstandings or failure to persuade victims may lead to a petition for severe punishment, and the victim may want ridiculously large settlement fee compared to the case.

 

Therefore, we recommend you to seek legal help from an attorney from the police investigation and settlement with the victim.

 

It is necessary to prepare sentencing materials to receive a reduction in their sentence at a later trial.

 

We need to provide sharp sentencing data, such as the fact that the car accident was not caused intentionally, that it is unlikely to cause recidivism, and why we should not be deported from Korea.

 

Through this, we need to lower the amount of punishment and fines themselves and prepare for not even issuing an order to leave the country.

It is also helpful when you are in immigration center's examination.

 

A petition should be made based on the presence or absence of the same criminal record and family in Korea, which should be based on evidence.

 



If you are on the verge of deportation even though you have prepared your case from the beginning, you can make objections and administrative litigation.

 

The objection must be carried out within 7 days of receiving the departure order notice.

 

If this is not accepted, you can proceed with an administrative lawsuit and cancel the departure order and forced eviction disposition.

 

Of course, it will not be easy to lead the case in favor of foreigners, since it has already occurred.

 

But we emphasize that you don't have to worry too much.

 

The Teheran Foreigner/Immigration Center will rescue you through the know-how of a criminal attorney with more than 10 years of experience and an attoreny who led the administrative litigation in the presidential office.

 

 

That's why Teheran foreigner/Immigration center exists.

 

 

 

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