외국인 음주운전경찰조사 Foreign DUI Police Interrogation 음주운전검찰조사 DUI Prosecution…

외국인 음주운전경찰조사부터 검찰송치, 재판 단계별 전략 안내드립니다 Strategic planning for foreign nationals involved in DUI case : from police investigation to the trial

This article is for the foreign nationals awaiting police or prosecution interrogation, or preparing for trial facing DUI charge.

Hello. This is Lawfirm Dongju.

Most foreigners under DUI charge struggle to go through several stages, from police interrogation to trial.

Not only do they face language barrier but also have to consider Immigration Violation Screening outcome. (We assume that you do know the fatal consequence of being sentenced to 3 million won fine or more)

In conclusion, not only does police interrogation affect prosecutorial disposition and court verdict but also status of stay for foreigners.

Therefore, we would like to provide specific guidance on how to respond at each stage : from police investigation to trial when faced with DUI charge.

01 Police interrogation : What questions can be asked and how should I answer?

Foreigners who are asked to report to police station need to go through following information in advance.

It is important to note down the time and the amount of alcohol consumed, the circumstances leading up to the incident, and the distance and the time traveled in chronological order in advance. Also, you must be careful not to make statements that conflict with the facts because the interrogation is carried out based on evidence such as black box and surveillance camera recordings.

You may unintentionally state “I only drank a little” or “I thought it would be fine because I didn’t feel like I was under influence”, but this can be perceived as a lighthearted attitude towards DUI and work against you.

Moreover, you must avoid making statements that you are unsure of or any guesses.

Since all statements made during police interrogation are recorded and used as evidence, you must establish a statement strategy based on the facts you have on hand.

02 Prosecution interrogation : How does it differ from police interrogation?

Prosecution interrogation is different from the base itself compared to police interrogation.

If there is clear evidence of DUI charge, the prosecution interrogation will most likely be carried out based on the police report. However, you may be asked to report to the Prosecutors’ Office if there is any room to dispute or further verification is required.

Legal opinion plays a significant role at this stage. This can be the only way to convey your thoughts regarding the case especially if the prosecution interrogation is carried out based on the police report.

Factors reviewed at prosecution interrogation

You need to make sure to complement any details that you missed during the police investigation at this stage. Leaving out important circumstances or evidence out of the case record can make it harder to defend your position.

03 Trial : Fine vs Imprisonment, how is it determined?

Not all DUI cases lead to trials, but the likelihood is significantly higher when any of the following circumstances apply.

Major DUI cases that go to trials include dispute over the charge, high blood alcohol concentration, DUI accident, and DUI recidivism.

Considering blood alcohol concentration, 0.03% or higher can be sentenced to imprisonment for up to one year or a fine of up to 5 million won. 0.08% or higher can be sentenced to imprisonment for up to two years or a fine of up to 10 million won. 0.2% or higher can be sentenced to imprisonment for up to five years or a fine of up to 20 million won.

If you have a prior DUI offense with the last 10 years, you can face excessive punishment.

Last but not least, Death and Injury due to Dangerous Driving charge may be applied if you have made human casualties. It is a crime that is punished under the Act on the Aggravated Punishment of Specific Crimes, and can lead to fatal consequence.

Therefore, you must prepare sentencing materials to secure leniency if a trial is anticipated. Also, you should submit documents such as a letter of apology, a petition, a plan to prevent recidivism, a family relationship certificate, and a certificate of employment.

04 Why should you hire a Foreign DUI lawyer before police interrogation?

The main reason why the assistance of a foreign DUI lawyer is necessary from the police interrogation is because the statements that you have made at this serve as the basis for judgements regarding indictment, trial, and Immigration Violation Screening.

You must not miss the Critical Moment considering that it is very hard to overturn any statements that you made at the police interrogation.

The timing of submitting legal opinions, letters of apology, and petitions is also important. You must not miss the deadline since submitting the documents before the prosecution interrogation allows you to expect a favorable outcome.

You must not overlook visa and immigration issues if you are foreign national because even a fine can remain as a crime record and act as a critical disadvantage when applying for the Extension of Stay or Change of Status of Stay.

In conclusion, you must act consistently from police interrogation until the very end in order to minimize severity of punishment and issues regarding your status of stay.

06. 외국 음주운전 사건, 단계별 대응이 결과를 바꿀 수 있습니다

음주운전 범죄에 연루된 외국인은 단순히 경찰 조사에 협조하는 것만으로는 원하는 결과를 얻기에 충분하지 않다는 점을 이해해야 합니다.

형사 소송과 이민법 위반 심사 모두에 효과적으로 대응하기 위해서는 체계적인 대응 전략이 필수적입니다.

동주 법률사무소의 외국인 음주운전 전문 변호사와 이민 담당자들이 음주운전 사건에 대한 상세한 검토를 제공합니다.

저희는 모든 외국인을 대상으로 형사 및 이민 절차 전반에 걸쳐 종합적인 상담을 제공합니다.