2. Determination

A. It is recognized that the Defendant, who led to the instant crime, led to the confession and reflect of the instant crime, and, simultaneously with the crime of obstruction of performance of official duties, should consider the case and equity.

B. However, in full view of the following circumstances: (a) the Defendant was under trial on July 26, 2005 for driving without a license; (b) a fine of KRW 7 million is imposed on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on June 14, 2007; (c) a fine of KRW 3 million has been sentenced on March 14, 2012; (d) a blood alcohol concentration was very high as 0.151%; (c) a traffic accident was committed while the Defendant was under trial for the obstruction of performance of official duties; and (d) the Defendant committed the instant crime while the Defendant was under trial for the obstruction of performance of official duties; and (e) other various circumstances that are favorable to the Defendant, such as the Defendant’s age, circumstances leading to the crime, and circumstances after the crime, etc., the lower court’s sentence is too unreasonable even if considering the favorable circumstances of the Defendant.

C. Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.