The allegation in the grounds of appeal cannot be readily concluded that blood alcohol level at the end of the final driving is above 0.05%, but the lower court erred by misapprehending the relevant legal principles, thereby finding the Defendant guilty, and thus, the lower court’s judgment is unlawful.

However, the recognition of facts, the selection and evaluation of evidence is within the exclusive authority of the fact-finding court unless it exceeds the limit of the principle of free evaluation of evidence

The judgment below

Even in light of the record, the fact-finding by the court below cannot be deemed to have exceeded the bounds of the principle of free evaluation of evidence, and there was no error in the judgment of the court below that recognized the defendant as a crime of violating the Road Traffic Act according to such factual basis.

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