A. At the time of the instant case, the Defendant: (a) discovered a victim who entered the bicycle lane with the victim, and was plicked by hand to the right in order to avoid facing the victim; and (b) was used by the victim without a conflict with the victim; and (c) the victim was in excess of the victim’s own dancing.

Therefore, as stated in the facts charged of this case, the injury suffered by the injured party is merely an accident caused by the injured party's negligence, not an accident caused by the Defendant's negligence.

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court (one year of imprisonment without prison labor for four months and one year of suspended execution) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the lower court may recognize the fact that the Defendant, as a person engaged in bicycle riding as stated in the facts constituting a crime of the lower judgment, caused injury to the victim by neglecting his/her duty of care to reduce the speed and properly manipulate the steering and brakes, thereby preventing the accident by accurately manipulatinging the steering and brakes, and by neglecting his/her duty of care.

Therefore, the defendant's above assertion is without merit.

① On August 21, 2016, the Defendant: (a) driven the above bicycle on the blusium installed between green apartments and Anyangcheon on the blusium in Anyang-si, Annyang-si; and (b) proceeded to the glusium from the side of the central elementary school of the Republic of Korea.

The above bicycle lane is installed with a white line in the center and is divided into two directions.

(2) At the time, the defendant was driving along the right side of the above bicycle lane, and the victim, while walking along the pedestrian road, shall set the above bicycle lane on the right side from the left side and the defendant.