도로교통법위반(음주운전)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the factual errors) ① The original witness D and E’s legal statements in the original trial are not reliable, and ② the original judgment convicting him of the facts charged in the instant case, even though G was unable to drive significantly because he was under the influence of alcohol at the time of the instant case, even though he was unable to drive normally at the time of the instant case, there was an error of mistake of facts.
2. In light of the contents of the judgment of the court of first instance and the evidence duly examined in the court of first instance in relation to the principle of court-oriented trial and the principle of direct examination, if there are extenuating circumstances to deem that the judgment of the court of first instance was clearly erroneous, or in light of the results of the first instance examination and the results of further examination of evidence conducted by the court of first instance not later than the closing date of arguments, maintaining the judgment of the court of first instance on the credibility of the statement made by the witness of the court of first instance is obviously unfair, the appellate court shall not reverse the judgment of the court of first instance solely on the ground that the judgment of the court of first instance on the credibility of the statement made by the witness of the court of first instance is different from the judgment of the appellate court (see, e.g., Supreme Court Decision 2009Do1409, Feb. 25, 2010). A witness D of the court of first instance made a concrete and consistent statement in the court of first instance in the court of first instance, and there are no specific circumstances to maintain the above defendant's testimony.
Moreover, in addition to the grounds that the lower court found guilty of the facts charged in this case, D clearly stated that the first police officer was driving, as follows, and that the first police officer was driving, and that the investigation record was made.