The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence of imprisonment for eight months, and forty hours of order to attend a course) is too unreasonable.

2. Each of the crimes of this case is acknowledged as follows: (a) when the defendant did not respond to a police officer's request for measurement of drinking, and was arrested as a current offender, obstructing police officers from performing their official duties by assaulting him; and (b) the criminal liability is grave; and (c) the defendant has been punished for driving alcohol and refusing to measure drinking.

However, considering all of the sentencing conditions stated in the pleadings of this case, such as the confession of all crimes, the Defendant’s mistake is divided, there is no history of punishment heavier than the fine, the part and degree of injury is easy, the agreement with the victim of injury is reached, and the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the crimes of this case, and the circumstances after the crime is committed, the lower court’s punishment is too unreasonable.

Therefore, the defendant's argument is justified.

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, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Traffic Act (the refusal of measurement by drinking), Article 136 (1) of the Criminal Act (the obstruction of performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment between the crime of injury and the crime of obstructing the performance of official duties by police officers E, and the punishment imposed on the crime of serious injury which is heavier);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.