"Assaulted by a Solo Fallen Bicycle Rider"
An assertion has been made by a driver that he was 'assaulted' by a bicycle rider who fell over by himself while riding under the influence of alcohol.
On the 1st, a video titled "The bicycle fell alone and hit my chest and kicked me. Is this applicable for assault?" was uploaded on lawyer Han Mun-cheol's YouTube channel 'Han Mun-cheol TV.'
According to the released video, the incident occurred in a narrow alley. While moving slowly to avoid an oncoming vehicle, the informant, Mr. A, witnessed a bicycle rider who was riding from behind and fell over.
There was no impact between the bicycle and the vehicle, but the rider approached Mr. A's car and started tapping on the window in protest.
Mr. A, who got out of the car in response to the man's protest, claimed that he was 'assaulted' by the bicycle rider.
The assault by the bicycle rider occurred in a blind spot of the CCTV; however, footage showing the problematic rider pushing Mr. A and making threats was clearly captured.
Mr. A expressed, "(The bicycle rider) grabbed my collar and hit my chest after saying that he fell because I stopped my car, and then he kicked me." He added, "As I was trying to release his grip from my collar, the bicycle rider fell over, and then he reported mutual assault, claiming he bumped his head and went to the emergency room.”
He further stated, "He was riding a bicycle after drinking, and the blood alcohol content was 0.123%. In such a case, I am curious if I would also be charged with assault," and sought advice from lawyer Han Mun-cheol.
Upon hearing Mr. A's story, one lawyer noted, "When a person falls, they usually fall forward, landing on their back. If he injured his head, it appears to be an injury sustained when he fell off the bicycle."
He continued, "The reason I mention this is that if the other party claims mutual assault and requests punishment for both, it could later lead to a 'false accusation' charge. Since there is a possibility of a false accusation being considered, it is important to look at additional surveillance footage and to confirm precisely which part of the head was injured."
Image Source: youtube 'Han Mun-cheol TV'
