

Q
Recidivism during the suspended sentence period — what happens?
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I was recently in a traffic accident and have a question about traffic accident damages claim. My car was severely damaged in the accident... But the other party causing the accident isn't responding well. I don't think they'll handle it well, so I just want to proceed with a traffic accident lawsuit — can I claim traffic accident damages? Attorneys good at handling traffic accident lawsuits, please reply.
suspended sentence
suspended sentence period
recidivism
Answer to Related Inquiry
Author: 박동일
Article 63 of the Criminal Act (Effect of Suspension of Sentence) If a person who has received a suspended sentence is sentenced to imprisonment without labor or higher for a crime intentionally committed during the suspension period and the judgment becomes final, the suspension of sentence shall lose its effect.
If you commit a crime while still in the suspended sentence period, it becomes recidivism, and the suspended sentence may become invalid under criminal law.
In addition, if you commit the same or similar crime, the court will revoke the suspended sentence and separately sentence you for the newly committed crime.
In this case, the defendant may be subjected to both sentences, and depending on the case, the sentence may also be aggravated.
Since you may have to serve a prison sentence for the combined period of both sentences, please quickly consult with a criminal specialist attorney.
In such cases, you must understand why the suspect committed a crime again and identify reasons for leniency.
For example, you can plead for leniency citing reasons such as the defendant's age or character, the defendant's family environment and family relationships, and the serious economic crisis that may occur if the defendant serves a prison sentence.
You can also seek to conclude the case through prompt damage recovery settlement with the victim.
If you have committed a crime during the suspended sentence period and are at risk of aggravated punishment for recidivism, please quickly receive a consultation.

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