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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal did not violate the signal given that the vehicle signal entered the intersection in a green state.
2. Determination
A. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or the first instance judgment on the credibility of the statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance examination and the results of the additional examination of evidence conducted by the time the argument in the appellate trial is concluded, the appellate court should respect the judgment on the credibility of the statement made by the witness of the first instance.
(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, etc.). B.
The lower court directly examined K, L, M, H, and J, etc., and acknowledged the credibility of each testimony of K, L, M, M, H, and H, and convicted the Defendant of the facts charged of this case. There are special circumstances to deem that the lower court clearly erred in its credibility of the aforementioned testimony.
It is not considered significantly unfair to maintain its judgment as it is.
Comprehensively taking account of the above testimony and the evidence duly adopted and examined by the court below, the defendant is deemed to have violated the signal by entering the intersection with a yellow signal.
Therefore, the defendant's assertion is without merit.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.