A. Defendant 1) Although the instant accident was not caused by Defendant’s negligence, the lower court convicted Defendant 1 of the instant facts charged. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. The following circumstances acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts, i.e., (i) the driver who intends to overtake the front shall overtake the front at a safe speed and in such a way as to use the direction gauge, light or horn according to the speed and route of the vehicle ahead and other road conditions (Article 21(3) of the Road Traffic Act). The defendant did not give any signal that he would overtake the victim's bicycle at the time of the instant case, such as sounding the victim's bicycle, sounding the warning, etc.; (ii) the victim's bicycle going on the right side of the bicycle lane changed the victim's bicycle to the left side of the defendant's bicycle, and the victim's bicycle was shocked by both the defendant and the victim. However, the victim was present at the court of the first instance, and the victim was on the left side of the bicycle track, and the bicycle's own body was changed to the victim's left side of the bicycle at the time of the instant case.

In full view of the fact that the defendant stated, it is necessary to drive safely while checking the safety of the course by examining well the right and the right as stated in the judgment of the court below.