The judgment of the court below is reversed.

The sentence against the accused shall be 7,000,000 won.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal is that the defendant tried to help the victim go beyond the direction of the defendant's vehicle driving, while leaving the place to refuse the victim's help, and even though the victim's bicycle goes beyond the ground because of the defendant's vehicle, and the victim's bicycle was not injured or escaped, the court below convicted the defendant by mistake of facts, and convicted him.

2. Determination

A. The following circumstances acknowledged in accordance with the evidence duly adopted and examined at the court below's determination of erroneous determination of facts: ① the vehicle driven by the defendant at the time of the instant case was driven in five lanes from the five lanes to the alleyway where the right of way is prohibited; ② E, who observed the situation where the victim D and the victim followed the bicycle, was approaching the bicycle at the investigative agency and the court of the court below, asked the defendant to the effect that "at the time of the instant accident where the victim was going to go on the crosswalk at the entrance of the alleyway where the victim was getting a bicycle, and the victim was plucked or pl up the bicycle's Hand to avoid it," and "the defendant's vehicle used to get a bicycle at the time of the instant case at the time of the lower court's determination of erroneous determination of facts," but the victim stated to the effect that "the victim was dissated by the defendant's oral statement that he did not go beyond the defendant's vehicle number on the day of the instant case," and that "the victim did not have made a statement to the defendant."