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The appeal is dismissed.
Reasons
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 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). For reasons indicated in its reasoning, the lower court: (a) on the grounds as indicated in its reasoning, the police officer was under the influence of the Defendant at the time when
In light of the distance and circumstances that the defendant moved, the voluntary accompanying of the defendant is deemed lawful, and the defendant did not accept the allegation of the grounds of appeal as to mistake of facts and misunderstanding of legal principles.
The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and it is merely erroneous for the lower court’s determination of the evidence selection and probative value, which belong to 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 voluntary accompanying and the procedure for demanding measurement of drinking alcohol, or by exceeding
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.