The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 200,000 won.

The above fine shall be imposed on the defendant.

1. In light of the summary of the grounds for appeal, the sentence of the lower court (one year of imprisonment, two years of suspended sentence, 160 hours of probation and community service, and 20,000 won of fine) is too unreasonable.

2. The instant crime was committed by the Defendant, under the influence of alcohol, by assaulting the victim who driven a taxi, and by obstructing the passage of the vehicle on the expressway, and not by assaulting the police official who prevented it, but is highly likely to be subject to criticism due to the fact that the Defendant was punished several times due to violent crimes.

However, in full view of the following facts: (a) the Defendant’s mistake is divided and reflected; (b) the Defendant appears to have committed the instant crime in contingency under the influence of alcohol; (c) the degree of damage to the victims is relatively less light; and (d) agreements with the victimized driver; and (e) the Defendant’s age, character and conduct, environment, circumstances after the commission of the instant crime, etc., and all the sentencing conditions specified in the records and arguments, such as the circumstances after the commission

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of violence against a driver, the choice of imprisonment), Article 157 subparagraph 4 of the Road Traffic Act, and Article 68 (3) 2 of the Road Traffic Act (the point of any prohibited act on roads), Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The Criminal Act, the suspension of execution;