Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and 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 court below rejected the allegation in the grounds of appeal on mistake of facts, on the grounds as stated in its reasoning, based on the fact that the victims of the instant accident occurred due to the Defendant’s negligence, and that the Defendant was aware of the occurrence of the instant accident and the injury or the damage of vehicles caused by the accident, even if the Defendant did so.

The allegation in the grounds of appeal disputing such fact-finding and judgment by the court below is merely erroneous in the determination of evidence and probative value which belong to the free judgment of the court of fact-finding. In addition to the above legal principles and the legal principles of the court below and the evidence duly admitted, the court below did not err in the misapprehension of the legal principles as to the degree of conviction, or in the misapprehension of the principle of free evaluation of evidence against logical and empirical rules, contrary

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