logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.09.25 2014노1335
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Although the gist of the grounds for appeal did not contain a violation of signal signal, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and affected the conclusion of the judgment

2. When considering 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 principle of court-oriented trial, 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 a witness of the first instance court is clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or that the first instance court’s determination on the credibility of the statement made by a witness of the first instance is clearly unreasonable in full view of the evidence examination results of the first instance court and the evidence duly examined by the first instance court, or that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court is clearly unreasonable in full view of the evidence examination results of the first instance court and the first instance court’s determination on the first instance court’s determination on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decision 2011Do5313).

arrow