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TITLE Supreme Court Decision 2006Do4322 delivered on April 12, 2007 [full Text]
Summary
[1] Whether the effect of non-punishment resulting from the payment of a penalty shall extend to a criminal act committed at the same time and place as the offense for which the penalty was paid but which is separate from the offense for which the penalty was paid (negative) [2] Whether the exceptional circumstances provided in each item of the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents are the elements of the crime of violation of Article 3 (1) of the same Act, or whether they are the elements as to the requirements of the institution of a public prosecution against the above crime (=elements as to requirements of the institution of a public prosecution affirmed) [3] Whether a person who has paid the penalty for a violation of traffic signals may be punished again for a crime of causing bodily injury by occupational negligence caused by the above violation of traffic signals under the Act on Special Cases concerning the Settlement of Traffic Accidents (affirmative)
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