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(영문) 서울남부지방법원 2015.09.17 2015노647
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) is that the Defendant only saw her to her to her by hand at the time of the instant case and did not drive her to her drinking.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, and the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a witness’s statement 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 should not reverse without permission the first instance court’s judgment on the ground that the first instance court’s determination on the credibility of a witness’s statement was clearly erroneous in light of the content of the first instance court’s judgment and the evidence duly examined by the first instance court, or that the first instance court’s determination on the credibility of a witness’s statement was clearly erroneous in light of the evidence examination conducted by 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 a witness’s statement by the time the first instance court’s examination results and the conclusion of the appellate court’s argument is clearly unreasonable, except in exceptional cases where the first instance court’s determination on the credibility of a witness’s statement by the time the witness’s statement was rendered by the appellate court

In light of the above legal principles and evidence duly admitted and investigated by the court below, i.e., ① the defendant consistently states that he had driven Oraba from the investigative agency to the court of the court below; ② there are no special circumstances to deem that the court below's determination on the credibility of the statement made by the witness F of the court below was clearly erroneous in light of the contents of the court below's decision and the evidence duly admitted and investigated by the court below; and ② the result of additional examination of evidence conducted by the court below until the date of

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