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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant D met the Defendant’s vehicle, and the Defendant did not match the victims’ vehicle.
B. The prosecutor suffered injury by the victims due to a shock accident, and the defendant voluntarily accompanied the victim at the time of the alcohol alcohol measurement, and the measurement was conducted lawfully.
2. Determination
A. (1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are extenuating circumstances to deem that the first instance court’s determination on the credibility of the statement made by the witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time of closing argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is clearly unfair, the appellate court should respect the determination on the credibility of the statement made
(2) On November 24, 2006, the lower court directly examined D, F, G, etc. and acknowledged the credibility of the testimony and found the Defendant guilty of this part of the facts charged. There are special circumstances to deem that the lower court clearly erred in its credibility of the testimony.
It is not considered significantly unfair to maintain its judgment as it is.
Comprehensively taking account of the evidence duly adopted and examined by the court below, such as the above testimony, there was a primary accident that caused the victims who had driven the two-lanes while driving in the first lane, and then, it can be recognized that the victims D had shocked the defendant and had a secondary accident that caused the shock of the defendant's vehicle. Thus, this part of the defendant's assertion is without merit.
B. The Prosecutor’s lower court clearly explains the grounds for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.