The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal is as follows: (a) the Defendant did not listen to the sound of the first headlight of the Lone Star Vehicle driven by himself; and (b) the injured party started the said vehicle without knowing that he was able to set the first headlight of the said vehicle; and (c) thus, even though the intent of the injured party was not influence, the lower court found the Defendant guilty of the facts charged of the instant case, there was an error of law by mistake in the fact that the lower court found the Defendant guilty.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by the court, the prosecutor applied for changes to "special injury" under Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" under the applicable law as "Article 258-2 (1) and Article 257 (1) of the Criminal Act" and "Article 257 (1) of the Criminal Act". Since this court changed to the subject of the judgment by permitting this, the judgment of the court below is no longer maintained.

However, the defendant's assertion of mistake of the above facts is still included in the subject of this Court's trial.

3. Judgment on the assertion of mistake of facts

A. According to the evidence duly adopted and examined in the lower court and the trial, in particular, on-site CCTV video images, it is recognized that (i) the fact that the first window of the above vehicle, which the victim stopped on drinking, has been placed twice a number of times, and (ii) the injured party has led a considerable distance by putting the string side of the above vehicle on the string side.

B. If the above facts are considered in light of the social empirical rule and the general common sense, not only the victim was a person who suffered damage, but also the victim was aware that the victim was able to set the string of the string of the said vehicle, and at least by driving the said vehicle with the knowledge that the victim was able to set the string of the said vehicle.