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(영문) 수원지방법원 2015.11.13 2014노7840
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not have any fact that the bus starts in an open state.

2. In light of the difference between the first instance court and the appellate court’s method of evaluation of credibility in accordance with the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, 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 the statement made by the witness in the first instance was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or that it is clearly unreasonable to maintain the first instance judgment on the credibility of the statement made by the witness in the first instance in light of the evidence examination results of the first instance court and the evidence duly examined by the first instance court, and that the first instance court’s determination on the credibility of the statement made by the witness in the first instance is not consistent on the ground that the first instance court’s determination on the credibility of the statement made by the witness in the first instance is different from the appellate court’s determination on the ground that the first instance court’s determination on the credibility of the statement made by the witness in the first instance to the first instance court’s ruling.

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