The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable as it is in accordance with the purport of the judgment of remanding.

There is no error in the misapprehension of legal principles as to Article 32 subparag. 4 of the Road Traffic Act, contrary to the allegations in the grounds of appeal.

In addition, the argument that the indictment procedure of this case is unlawful is asserted by the defendant as the ground for appeal or the court below's decision is not subject to judgment ex officio, and it is not a legitimate ground for appeal.

Other grounds of appeal by the defendant can not be legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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