The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding the defendant did not shock the victim's bicycle due to Oba, but the defendant's bicycle was faced with the victim's bicycle while the defendant stopped at Obaba, but the court below found the defendant guilty of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined in the court below's decision on the assertion of mistake of facts, in particular, the witness E and D of the court below's decision, each of the statements can be recognized that the defendant was seated and driven by the defendant sufficient facts for the bicycle of the victim's driver, and it cannot be found that materials supporting the defendant's assertion different from the record, which give a reasonable doubt as to the facts charged, and thus, the defendant's assertion of mistake of facts cannot be accepted.

(A) As the Defendant asserts, it is reasonable to view that the concept of "traffic" under the Act on Special Cases concerning the Settlement of Traffic Accidents includes not only the "driving" referring to the operation of a vehicle, but also the "any act closely related to the operation due to the same type of driving or the like while driving", and that the accident that occurred during the vehicle immediately after the driving is completed falls under the "accident caused by traffic" and the location of the accident falls under both the sidewalk and the bicycle and pedestrians where the passage of the vehicle is prohibited by Article 13 (1) and (6) of the Road Traffic Act, in light of the fact that the accident in this case falls under the traffic accident, and the main cause thereof is the traffic accident at the location where the passage of the vehicle is prohibited.