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

However, the period of two years from the date this judgment becomes final and conclusive.

2. Determination: (a) The Defendant committed a violation of the Road Traffic Act (Refusal of measurement) on December 2, 2015; (b) a violation of the Road Traffic Act (no license) on February 9, 2016; and (c) a violation of the Road Traffic Act (no license) on February 12, 2017; and (d) a violation of the Road Traffic Act (no license); (b) again, on September 25, 2017; (b) the Defendant committed an act of interference with the execution of official duties by resisting the crackdown on the driving of alcohol; and (c) the Defendant’s blood alcohol concentration at the time of driving of the instant case is very high to 0.17%, which is disadvantageous to the Defendant.

① However, the Defendant’s recognition of each of the instant crimes is against the Defendant, ② Police G at the time of the obstruction of the performance of official duties of the instant case, and F wanting to take the Defendant’s wife at the time of the heart, ③ there is no record of punishment exceeding a fine due to the same type of crime, ④ the number of days of detention of the Defendant appears to have already exceeded two months, etc., are favorable to the Defendant.

In addition, considering the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, the punishment sentenced by the court below is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Judgment to be used again] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 136 (1) of the Criminal Act (Obstruction of Performance of Official Duties) concerning the relevant facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes