The appeal is dismissed.

The grounds of appeal are examined.

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). On the grounds indicated in its reasoning, the court below rejected the grounds for appeal as to the mistake of facts by the defendant, recognizing that the first instance court was justifiable to recognize the fact that the defendant driven while drunk as criminal facts in the first instance court.

The allegation in the grounds of appeal is merely an error of the judgment of the court below as to the selection and probative value of evidence belonging to the free judgment of the court of fact-finding, and the reasoning of the judgment below is examined in light of the above legal principles and relevant legal principles as well as the evidence duly admitted, and there is no error of misapprehending the legal principles as to the reinforcement and reliability of confession, or exceeding the bounds of the principle of free evaluation of evidence, contrary to what is alleged in the grounds

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