The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2.5 million won in penalty) is too uneasy and unreasonable.

2. The crime of this case is a situation unfavorable to the Defendant, such as the following: (a) the crime of this case was committed by a police officer who demanded the measurement of drinking alcohol, and the Defendant was committed in a manner that interferes with the legitimate performance of official duties of the police officer by breaking booming breath and cutting down breath; (b) the nature of the crime is not good; and (c) the State’s legal order and order and eradicating the light of public authority, and there is

On the other hand, the defendant has no record of criminal punishment prior to the crime of this case, the defendant recognized the crime of this case from the day immediately after the drinking was left after the day after the drinking was finished, the defendant received a summary order of KRW 5 million for the crime of violation of the Road Traffic Act (refluence of drinking), and the defendant again will not prevent the same mistake as in this case.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.