The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Although the Defendant, in the course of overtaking the Defendant’s bicycle, knew of the fact that the Defendant was overtaken by a fluence, etc., the Defendant would rather cause a traffic accident beyond the direction towards the overtaking lane that the Defendant proceeded, and thus, cannot be deemed to have been negligent in breach of the Defendant’s duty of care.

Nevertheless, the court below erred by misapprehending the facts and finding guilty of the facts charged in this case.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In the indictment, the ex officio determination prosecutor: (a) stated in the indictment the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury); (b) Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents as applicable provisions of the Act; and Article 268 of the Criminal Act; (c) however, the lower court found the Defendant guilty of the facts charged in the instant case; (d) Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of facts.

B. The Defendant also asserted the same purport as the grounds for appeal in the lower court’s determination of mistake.

In addition to the circumstances properly explained by the court below, the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the defendant asserted that the victim was in excess of the overtaking lane, but the defendant stated in the investigative agency only to the effect that "the victim was on the left-hand side, leaving the overtaking lane," and the victim testified that he did not enter the overtaking lane beyond the center line (46 pages of the trial record) and the victim testified that he did not enter the overtaking lane (2) at the time of overtaking, according to the defendant's statement made by the investigative agency.