IT IT at the time of housing Dongbcheon

Yangju City in Reference domicile

In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, the appellate court shall not arbitrarily reverse the first instance judgment on the credibility of the statement made by a witness of the first instance on the ground that the first instance judgment is different from the appellate court's judgment. However, the first instance judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous.

The same shall not apply to exceptional cases where it is deemed significantly unfair to maintain the first deliberation decision on the credibility of a statement made by a witness of the first instance court, taking into account the results of the first instance examination and the results of additional evidence examination conducted until the closing of argument in the appellate court.

According to the records, the defendant and the victim's assertion are sharply conflicting with each other regarding the occurrence of the accident of this case, and there is no other evidence to ascertain the accurate facts except for the assertion. In such circumstances, unless there are special circumstances, it is found that the victim was driving in a full state of 0. 19% of the blood alcohol concentration at the time of the accident, the victim's statement is deemed to be highly lacking credibility. Therefore, in this case, there is no special reason to deem credibility as credibility in the victim's statement (in other cases, such as intentionally lowering the speed of the damaged vehicle at the time of the accident, there is a reason to suspect credibility), the first instance court rejected the defendant's assertion and found the facts charged. Accordingly, the court below rejected the probative value of the victim's statement adopted by the first instance court as evidence and determined that there is no evidence to acknowledge the defendant's violation of the defendant's signal signal. In addition, since the court below erred in the judgment of the court below as to the examination of evidence by the assent of all Justices on the first instance trial and the fact-finding system as otherwise alleged in the ground of appeal.

Justices Yang Sung-tae

Justices Park Jong-hwan

Justices Kim Gi-hwan