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 and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the court below rejected the Defendant’s allegation in the grounds of appeal as to the mistake of facts against the Defendant, on the ground that the Defendant was negligent in performing his duty of care to drive on the front side and the left side.

The allegation in the grounds of appeal disputing the lower court’s fact-finding is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment of the lower court.

In addition, even after examining the grounds alleged in the grounds for appeal in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the duty of care and the principle of trust in the violation of the Act on Special Cases Concerning the Settlement of

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