The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

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 preparation 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, deemed that the procedure for measuring drinking alcohol to the Defendant was lawful.

In light of the above, the defendant did not accept the grounds of appeal as to the mistake of facts.

The allegation in the grounds of appeal is the purport of substantially disputing the determination of facts by the lower court, which is the free judgment of the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding the principle of trial on evidence, the degree of proof necessary for conviction, the exclusion of illegally collected evidence, the guarantee of fundamental rights, due process, the principle of equality, and the presumption of innocence, or by exceeding the bounds of free evaluation of evidence, contrary to logical and empirical rules, contrary to what is alleged in the grounds of appeal.

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