The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact, the victim was aware of the bicycle driving by himself, and the defendant was driving the bicycle as stated in the facts charged and did not go beyond the victim's bicycle riding.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. On the other hand, the court below rejected the aforementioned assertion by stating the same purport in detail the judgment on the lower court’s application of the law. In light of the records, the court below’s aforementioned determination is examined. ① The driver of any motor vehicle intending to overtake shall overtake the motor vehicle at a safe speed and in a safe manner, such as using a direction gauge, light or horn, etc. according to the speed and altitude of the motor vehicle in front and other road conditions. The driver of any motor vehicle, etc. is obliged to secure a necessary distance to avoid collision with the bicycle when the driver passes on the same direction (see Articles 19(2) and 21(3) of the Road Traffic Act). ② The defendant did not take measures to inform the victim of the overtaking by using the horn, etc. (see Articles 29, 30, 51 of the investigation records, and Articles 50, 51 of the Road Traffic Act). The defendant’s act of overtaking the motor vehicle in front of the motor vehicle, etc., but did not take measures to ensure a safe distance between the victim and the victim in front the motor.