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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles are not complied with the victim auxiliary police officers C, who were under the influence of drunk driving control at the time of the instant case, and only escaped by maintaining the vehicular lane, and there was no intention to use a tangible force using a motor vehicle, that is, there was no assault, and there was no intention to commit violence in such a manner. 2) The lower court’s sentence of unfair sentencing (one month of imprisonment and two years of suspended sentence) is too unreasonable.
B. Prosecutor 1) In the case of a misunderstanding of facts and misapprehension of legal principles, if proximate causal relation between the vehicle operation and the injury is recognized, a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is established. In a case of a traffic accident without faulting, if there is a proximate causal relation between the vehicle operation and the injury, if the Defendant stopped as if he were to respond to the drinking driving control, and the auxiliary police C was approaching at a distance of 20 to 30 cm, thereby making a prompt escape, and as long as C suffered the instant injury, there is a proximate causal relation between the Defendant’s exercise of force using the vehicle and the injury inflicted upon C, and the said automobile constitutes dangerous goods, and thus the crime of causing obstruction of performance of official duties is established. Nevertheless, the lower court found the Defendant guilty only with respect to the obstruction of official duties, and acquitted the
2. Judgment on misconception of facts and misapprehension of legal principles
A. On March 21, 2018, at around 22:55, the Defendant, while driving BK5 vehicles at the mouth of the BK at the Ulsan-gu, Ulsan-gu, who is an auxiliary police officer belonging to the Ulsan-do Police Agency, demanded the Defendant to stop for drinking alcohol measurement, without complying therewith, and tried to flee without complying therewith.
The defendant was approaching the above vehicle driven by C for the purpose of the Regulation of Drinking Driving, but the above vehicle is rapid.