All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant, as a misunderstanding of facts and misapprehension of legal principles, was unable to expect the victim to cross the red door on the crosswalk on the bicycle, and it was not possible to find it in advance in the situation at the time, and thus, the Defendant was not guilty.

B. The sentence of the lower court (two years of suspended execution for one year’s imprisonment without prison labor) is too heavy or unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to the assertion of misunderstanding of facts and legal doctrine, the following facts and circumstances are acknowledged.

① In the event of the instant accident, the two-lanes of the two-lane roads, which are close to the straight lines, and thus, there seems to be no topographical factor that could interfere with the view of the front line.

② At the time of the instant accident, the victim was on the right-hand side of the Defendant’s vehicle driving direction, on board the bicycle.

③ The point where the instant accident occurred has a separate left-hand turn-hand lane on the two-way lane in the direction where the Defendant’s vehicle is driving, and there is a separate lane for the vehicle traveling along the right-hand side on the opposite direction, and the width of the road is similar to that of the three-lane (the king six-lane), and the point where the Defendant shocked the victim was the end of the sixth-lane (i.e., the crosswalk), both of which the victim was the end of the other six-lane (the end of the crosswalk).

④ The Defendant, under investigation by the police, stated that “the victim was unable to find out that he was the victim, was faced immediately before the shock, was immediately shocked without any cresh to stop, and the vehicle speed was 50 to 60km (Evidence No. 41, 42, 90 of the evidence record).” ( ⑤ The time when the instant accident occurred, 5:00 of the new wall that appears to be before sunrise, but light was fluored at the time, and the CCTV video photograph was fluor.