The conviction in a criminal trial shall be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no such proof, even if there is no doubt of guilt against the defendant (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). The lower court, on the grounds stated in its reasoning, on the occurrence of the instant accident, did not err by the defendant.

Recognizing that the first instance judgment, which acquitted the prosecutor on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles), which is the primary charge, among the revised facts charged of this case for lack of sufficient evidence to determine the person, was justifiable, the court rejected the Prosecutor’s allegation on the grounds

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court on the facts that led to such determination. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free

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