2. As to each of the instant offenses, each of the instant offenses is acknowledged in view of the following: (a) the Defendant tried to turn to the left while driving a motor vehicle under the influence of alcohol content 0.109% while driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol; (b) the Defendant shocked the victim D who was walking at the edge of the opposite lane due to the negligence over the center line; and (c) the police officers dispatched to the accident site with the desire to talk with the victim D; and (d) interfere with the performance of official duties by talking out of a reflectr and assault, and thereby obstructing the performance of official duties; and (c) the case is not easy and bad in light of the blood alcohol concentration and the details of the crime; and (d) the record of punishment for the

However, in full view of the following circumstances: (a) the Defendant recognized each of the crimes in this case as committing each of the crimes in this case and against his mistake; (b) the victim did not want to be punished against the Defendant by agreement with the victim; and (c) after being punished by a fine of KRW 2 million on July 28, 2003, there was no record of punishment for the crime related to driving; (b) the Defendant’s health is not good; and (c) economic situation is not good; and (d) other circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime; and (e) the circumstances after committing the crime, etc., the lower court’s punishment cannot be deemed unfair.

Therefore, prosecutor's assertion is without merit.

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