The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The circumstances are favorable to the Defendant, such as the fact that the Defendant recognized the instant crime, the Defendant committed the instant crime in a contingent and dynamic manner, which happens in the course of being drunk, and the Defendant has no record of criminal punishment for violent crimes, etc.

However, even though the defendant clearly recognizes that he/she is a police officer, there is a need to impose severe punishment on the crime that interferes with the performance of official duties like this case in order to eliminate the boom of the police officer's legitimate public authority, and to establish the legal order without any specific reason, and there is criminal records such as punishment for the defendant who is sentenced to a fine several times due to the crime of driving under drinking, and other sentencing conditions such as the defendant's age, sexual behavior, environment, family relation, etc., it is judged that the punishment imposed by the court below is unfair because the sentence imposed by the court below is uneasible.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is determined as ordered by comprehensively taking account of the various factors of sentencing as seen earlier prior to the reason of sentencing.