교통사고처리특례법위반
The defendant's appeal is dismissed.
1. The judgment of the court below which convicted the defendant on the ground of these evidence is erroneous in misunderstanding of facts or misunderstanding of legal principles, although the statements made by the victim et al. investigation agency and the statements made by the court of the court below are not inconsistent with objective circumstances, and such statements are not reliable.
2. Considering the spirit of the principle of substantial direct examination and the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, if there are special circumstances to deem that the first instance court’s determination on the credibility of a statement made by a witness of the first instance was clearly erroneous, or there are exceptional cases where maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is clearly unreasonable considering the result of the first instance’s examination and the result of additional evidence examination conducted by the time of closing argument in the appellate court, the appellate court shall not reverse without permission the first instance judgment on the ground that the first instance court’s determination on the credibility of
(see Supreme Court Decision 2006Do4994, Nov. 24, 2006). We examine in light of the aforementioned legal principles.
The following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim’s statement in the court below’s original judgment, was judged to be credibility, and there are no special circumstances to deem that the judgment was erroneous. ② The Defendant’s signal at the time of the occurrence of this case changed to red signal through yellow signal, and the victim’s signal at the time of the occurrence of this case applied to turn to the left turn in the opposite part without undergoing yellow signal.