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【Main Issues and Holdings】
[1] Whether it is permissible to restrictively apply analogous application of the scope of the grounds for remission of penalty, which are the grounds of justification, grounds of cancellation of culpability, grounds of cancellation of prosecution or punishment, and thereby expand the extent to which an offender is punishable (negative)
[2] Whether the crime of violating the Road Traffic Act (driving without driver’s license) is an intentional crime established only when an offender drove a vehicle knowing that he or she does not possess a valid driver’s license (affirmative)
Whether the “violation of the provisions of Article 43 of the Road Traffic Act” as stated in Article 3(2)7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents refers to only cases where an offender drove a vehicle knowing that he or she does not possess a valid driver’s license, similarly as a crime of violating the Road Traffic Act (driving without driver’s license) (affirmative)
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