The defendant's appeal is dismissed.

Summary of Reasons for appeal

A. The Defendant, under the influence of alcohol, did not drive a vehicle while under the influence of alcohol, and only drinks after parking.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. 1) In determining the credibility of a statement following the witness examination procedure conducted by the first instance court, the first instance court, as to the assertion of facts, shall assess the credibility of the statement, taking into account all the circumstances that are difficult to record in the witness examination protocol, including the appearance, attitude, and penology of a witness who is employed in the public court after taking an oath before a judge, and the appearance and attitude of a witness who is employed in the witness statement in the open court, and the penology of the statement.

On the other hand, the appellate court's determination of credibility of the statement made by the witness in the first instance court under the current Criminal Procedure Act is based on the records including the witness examination protocol in principle. Thus, in determining credibility of the statement, there is an essential limitation that the appearance and attitude of the witness at the time of the statement that can be called one of the most important elements in determining credibility of the statement can not be reflected in the evaluation of credibility.

Considering the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of the principle of substantial direct deliberation as seen earlier, the first instance judgment was clearly erroneous in its determination as to the credibility of the statement made by the first instance court witness in light of the content of the first instance judgment and the evidence duly examined in the first instance court.

In light of the special circumstances or the results of the first examination and the results of the further examination of evidence conducted until the closing of the appellate trial, it is extremely unfair to maintain the first examination judgment on the credibility of the statement made by the witness of the first instance trial as it is.