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The defendant's appeal is dismissed.
Reasons
Although the defendant did not drive an automobile, the court below erred by misunderstanding the fact and adversely affecting the conclusion of the judgment.
Judgment
Considering the difference between the first instance court and the appellate court’s method of evaluating the credibility of the testimony made by the 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, the first instance court clearly erred in the determination on the credibility of the testimony made by the 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.
Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance trial and the result of the further examination of evidence conducted by the court of first instance until the closing of pleadings, the appellate court should not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the judgment made by the appellate court (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). The lower court has credibility of the police officer’s testimony to regulate the violation of the facts charged by the Defendant without mandatory insurance.
The judgment of the court below and the court below found the defendant guilty of the facts charged of this case, and the judgment of the court below as to the credibility of testimony was clearly erroneous by closely examining the contents of the judgment below and the evidence duly examined.
There is no special circumstance to see.
Therefore, the defendant's assertion of mistake is rejected.
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.