The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

The judgment below

Part of acquittal.

1. Summary of grounds for appeal;

A. In full view of the legal statement of misunderstanding of facts E, although the court below acquitted the police officer about the obstruction of performance of official duties and damage to the special public goods among the charges, it erred in the misapprehension of the fact that the court below acquitted the defendant about the damage of the special obstruction of performance of official duties and the special public goods among the charges, due to the shock of police vehicles which had been stopped while the defendant escaped with the vehicle driving.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment, two years of suspended execution, and 80 hours of order to attend a course) is too uneasible and unreasonable.

2. Determination

A. On March 12, 2013, at around 00:15, the summary of the facts charged in the judgment on the assertion of mistake of facts found that the Defendant, while under the influence of alcohol, driven a motor vehicle stating the facts constituting the Defendant’s possession on the road in front of the “Dong Dogdong” located in the Dog-dong, Gwangju, and led a woman-friendly Gu. On the road in front of the Honam Highway mine located in the Gwangju Mine-gu, the police officers D, E, and F, a police officer belonging to the Seoul Metropolitan Police Agency and the Highway patrol division, sent a signal requesting a temporary suspension for the purpose of regulating drinking driving, the said police officers escaped to the right time to avoid drinking driving, while driving the said motor vehicle by driving the police officers D and E while driving the said motor vehicle, led the Defendant to drive and drive the motor vehicle in the future, and led the Defendant to stop the vehicle while changing the lane.

Among them, in the vicinity of the separation unit divided into the Standing District of Seo-gu and the IC Protection Zone of Seo-gu, Gwangju, the patrol vehicle was set up toward the road of the IC Protection Zone in the direction of the defendant's direction and prevented the course by setting up the pandeer and keeping the direction toward the road of the IC Protection Zone of the IC.

Therefore, the defendant was aware of the fact that he could compromise with the patrol when he is proceeding.