The prosecutor's appeal is dismissed.

1. Around May 24, 2013, the Defendant violated the signal or instruction of police officers C within the children protection zone of police officers C on the front of the original elementary school on May 24, 2013.

2. In light of the following circumstances, the lower court determined that the instant facts charged constituted a case where there is no proof of crime, and sentenced the Defendant not guilty.

The defendant could not think that the vehicle stopped on the right side is the vehicle stopped by the police officer's reception, and the police officer could not think that it is the vehicle stopped by the police officer's reception, and reported the police officer's hand signal to stop the vehicle in close vicinity to the police officer, and stopped the vehicle.

Therefore, the defendant argues that the defendant did not violate the police officer's signals or instructions although he sent the police officer's water signal from the beginning.

B. According to Article 5 of the Road Traffic Act, drivers of motor vehicles and riders of horses shall follow signals and instructions conveyed by traffic safety facilities and signals and directions given by national police officers controlling traffic. According to Article 156 subparagraph 1 of the Road Traffic Act, drivers of motor vehicles and riders of horses shall be punished by a fine not exceeding 20,000 won, by penal detention, or by a minor fine.

According to the above provision, in the case of operating a vehicle without complying with the police officer's signal or instruction, the issue is whether the defendant was driving the vehicle in violation of the police officer C's signal or instruction even though he knew of the police officer C's signal or instruction.

On the other hand, the following circumstances, which are acknowledged by the record: ① The front road of the original elementary school, is a road without distinction between a pedestrian passage route and a vehicle passage route, and it is possible for an elementary school student to walk with two prices in the middle of the vehicle.