특정범죄가중처벌등에관한법률위반(도주차량)등
The defendant's appeal is dismissed.
1. In the absence of the fact that the Defendant’s vehicle (hereinafter “victim”) at the time of the instant case did not in itself look at the victim’s vehicle (hereinafter “victim’s vehicle”), the lower court convicted the Defendant of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine.
2. Determination
A. In light of the contents of the first instance judgment regarding the relevant legal principles, the principle of court-oriented trial and the principle of direct examination, and the evidence duly examined by the first instance court, if there are extenuating circumstances to deem that the first instance judgment on the credibility of a statement made by a witness of the first instance was clearly erroneous, or if it is deemed that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance is remarkably unfair considering the result of the first instance examination and the result of additional evidence examination conducted by the time the argument of the appellate court is concluded, the appellate court shall not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of a statement made by a witness of the first instance is different from the judgment made by the appellate court (see, e.g., Supreme Court Decision 2009Do1409, Feb. 25, 2010).
Judgment
The court below acknowledged the credibility of the victim's statement and rejected the defendant's assertion after the victim's direct examination of evidence, such as the process of examining the victim's witness. In light of the above legal principles, the records are examined in light of the above legal principles, and the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, and ① the victim was driving the victim's vehicle from the investigative agency to the court of the court of the court below after receiving the signal on the road in the instant case while driving the victim's vehicle at the time of the instant case, and at that time, the victim was driving the vehicle after driving the victim's vehicle.