Suspension of Indictment for F-5 Permanent Resident in 12 Major Negligence Traffic Accident Case

Taeshin Law Firm successfully represented a foreign client with F-5 permanent resident status who was involved in a traffic accident caused by entering an intersection during a yellow light. The accident involved a motorcycle that was lawfully turning left, and the victim suffered injuries requiring approximately six weeks of treatment. Because signal violations are one of Korea's 12 major negligence traffic offenses, the client could still face criminal punishment even if the vehicle was insured or a settlement was reached. The defense team accompanied the client during the police investigation, helped reach settlement with the victim, and submitted a detailed defense opinion emphasizing the client's remorse, lack of similar prior offenses, comprehensive insurance coverage, family circumstances, immigration risks, and potential impact on U.S. immigration procedures. As a result, the prosecution issued a suspension of indictment.

Background / Issue

The client entered an intersection while driving during a yellow light and collided with a motorcycle that was making a lawful left turn on a normal signal. As a result, the motorcycle and its driver fell, and the victim suffered injuries requiring approximately six weeks of treatment. The accident was caused by the client's signal violation, which is one of Korea's representative 12 major negligence traffic offenses. In Korea, accidents involving the 12 major negligence categories can still result in criminal punishment even when the driver has comprehensive insurance or reaches settlement with the victim. The client was a foreign national residing in Korea with F-5 permanent resident status. If the client received excessive criminal punishment, there was a risk of immigration consequences, including a departure order or restrictions on re-entry. The client was also in the process of immigrating to the United States with family members, and a criminal punishment record could have made it practically impossible to obtain permanent residency during the immigration review process.

Our Legal Approach

Taeshin Law Firm explained the circumstances of the accident in detail and prepared a focused sentencing defense because the client admitted the mistake and sincerely reflected on the incident. A traffic accident defense attorney accompanied the client during the police investigation and assisted in reaching a criminal settlement with the victim. The defense team submitted a detailed legal opinion to the investigative authority, emphasizing that the client sincerely regretted the conduct and promised not to reoffend, the victim had expressed that they did not want the client to be punished, the client had no prior record of punishment for similar traffic accidents, and the client's vehicle was covered by comprehensive insurance, allowing the victim's civil damages to be practically compensated. The defense also highlighted the client's family circumstances, including petitions from the client's spouse and children. The opinion further explained that if the client were deported or received excessive criminal punishment, it could sever family relationships, negatively affect the client's ongoing business, and create serious consequences for both maintaining immigration status in Korea and the family's U.S. immigration process.

Result / Outcome

The prosecution issued a non-indictment disposition with suspension of indictment. For foreign nationals in Korea, traffic accidents involving the 12 major negligence categories can create consequences beyond ordinary criminal punishment. Even a traffic case may affect immigration status, re-entry, family stability, business activities, and overseas immigration procedures. This case shows the importance of early investigation support, victim settlement, insurance confirmation, and a detailed defense opinion explaining the client's personal, family, and immigration-related circumstances.