The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal is that the defendant entered the road of the victim's spons with the driver's seat while assisting the victim's getting on the sponsor, and thereby the victim was injured by himself. Although it is difficult to see that the defendant has a duty of care to prevent any unexpected circumstances, the court below determined the safe path driving course and should have been prepared against the accident caused by the victim's driver's seat, and found the defendant guilty of this part of the charges. Such judgment of the court below is erroneous in the misapprehension of facts or by misapprehending legal principles, which affected the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined at the court below's decision on the assertion of mistake of facts, etc.: ① The reason why the defendant and the same pilot are on the left side of the private-wheeled motor vehicle of this case is: (i) the reason why the defendant and the same pilot are on board the private-wheeled motor vehicle of this case, being installed on the left side of hand, appears to be in order to prevent the accident by directly manipulating the balke at the same time (in similar circumstances, the 67 pages and the 80 pages of the investigation record). (ii) However, the defendant seems to have been seated and sited on the front side of the private-wheeled motor vehicle of this case, other than handbalk or balke, in the victim's left side, and it seems that it was difficult for the defendant to respond promptly to the sudden situation, i.e., the situation such as fast speed of the private-wheeled motor vehicle of this case (the defendant seems to have driven the motor vehicle of this case). (iii) The defendant stated that the defendant is on the right side of the motor vehicle of this case (the defendant.).