The conviction in a criminal trial shall be based on evidence with probative value sufficient to have a judge correct doubt that the facts charged are true, and if there is no such proof, even if there is doubt of guilt against the defendant (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). Furthermore, the selection of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds stated in its reasoning, has a substantial relation between the driving of the defendant and the death of the victim.

Considering that there is a lack of evidence to determine the person, the first deliberation judgment that acquitted the facts charged of this case is legitimate, and the prosecutor did not accept the grounds for appeal as to the mistake of facts.

The allegation in the grounds of appeal is the purport of substantially disputing the fact-finding of the lower court, and it is merely erroneous for the lower court’s determination of free evaluation of evidence and probative value as a fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the record, the lower court did not err by misapprehending the legal doctrine regarding a reasonable relation with the person, or by exceeding the bounds of the principle

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.