All appeals by the Defendants are dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) of the witness’s statement that the Defendants appeared to change the place of getting off the vehicle is not reliable, and the judgment of the court below convicting the Defendants of the facts charged of this case is erroneous in the misapprehension of facts, the hearing failure, and the violation of the rules

2. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct deliberation adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision was clearly erroneous regarding the credibility of the statement 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 this case solely on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). Based on these legal principles, the first instance judgment on this case may be sufficiently recognized by Defendant B after the accident by the witness K’s statement duly adopted and investigated by the court below, and the fact that Defendant A was found to have been driven by the witness of the first instance court, and otherwise, the lower court’s judgment was clearly erroneous.

There is no special reason to view K’s statement, and to maintain the judgment of the court below on the credibility of K’s statement is not significantly inappropriate.

Therefore, as the defendants asserted in the judgment of the court below, there are no errors in the misapprehension of facts, the failure of deliberation, and the violation of the rules of evidence.