The defendant's appeal is dismissed.

1. The lower court dismissed the public prosecution regarding the insult of the facts charged in the instant case and sentenced the remainder of the facts charged.

However, since only the Defendant appealed against the conviction part of the judgment below and did not appeal against the dismissal part of the public prosecution, the dismissal part of the judgment below became final and conclusive as it is.

Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.

2. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The punishment sentenced by the court below (10 months of imprisonment) is too unreasonable.

3. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mental or physical loss or mental weakness, the above assertion is rejected, since it is not deemed that the defendant had drinking alcohol at the time of the crime of this case, but it did not have the ability to discern things or lacks the ability to discern things.

B. The Defendant recognized and against all his mistake in determining the unfair argument of sentencing, and submitted a written application to the effect that the damaged police officer in the crime of obstructing the performance of official duties would take the Defendant’s wife against the Defendant during the trial of the lower court.

In addition, the fact that the defendant suffers from cardiopulmonary disease, etc. is not good, the fact that the defendant is not good can be considered in determining the sentence against the defendant.

However, the instant crime is an act of assaulting a police officer who was under control while driving alcohol and obstructing the performance of official duties. In light of the blood alcohol concentration level, the content and circumstances of the offense obstructing the performance of official duties, etc., the criminal liability is heavy.

In addition, the defendant has a history of criminal punishment for the crime of violating the Road Traffic Act (drinking driving), as well as the violation of the Road Traffic Act (drinking driving).