Appeal dismissed; court upheld lower court's finding of guilt and cost award based on free evaluation of evidence.
Legislator summary
AI generatedThe appellate court dismissed the defendant's appeal against a first-instance conviction for traffic offenses and ordered her to pay court costs. The defendant argued that factual findings were erroneous due to inconsistencies in the victim's testimony and lack of physical evidence in her vehicle. The court rejected these claims, affirming that the first-instance judge correctly applied the principle of free evaluation of evidence to conclude guilt based on the defendant's flight and lack of cooperation.
Legislator headnote
AI generatedArt. 7 k.p.k.; Art. 437 § 1 k.p.k.: The court of appeal must uphold the first-instance judgment if the lower court correctly evaluated evidence and reached factual conclusions based on its internal conviction, without being bound by statutory rules of evidence.