The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment, two years of suspended execution, etc.) is deemed to be too unhued and unfair.

2. The crime of this case only caused traffic danger by driving a vehicle while under the influence of alcohol with 0.154% of alcohol level. The crime of this case was committed on the road by a police officer who was found to have been exposed to the drinking control. The act of openly imprisoning the clothes before the police officer, who was found to have violated the provision of this case, with the intent of preventing driving under the influence of alcohol from under the influence of alcohol, and preventing legitimate performance of duties by a police officer for one hour, such as taking off the clothes on the road, taking away from all the clothes before the police officer, and taking a bath for the police officer, taking the police officer's working uniform, etc. As such, the crime of this case was committed again despite the fact that the nature of the crime was poor in light of the circumstances of the crime, behavior patterns, etc., even though three times of a fine due to a drinking driving, but again committed the crime of this case, with the aim of preventing the drinking driving under the influence of road traffic safety and ensuring awareness of it, it is also necessary to punish the defendant more unfavorable to the State and public authority.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant's mistake is recognized and the vehicle is scrapped for the first time, and there is no serious result in the occurrence of traffic accidents or injury to the damaged police officer, and there is no criminal penalty exceeding the fine, and other various sentencing conditions as shown in the arguments in this case, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances before and after the crime.