Text
The prosecutor's appeal is dismissed.
Reasons
1. In light of all the circumstances, including the fact that the defendant had a large number of criminal records of the same kind, the sentence imposed by the court below (one year of imprisonment, two years of suspended execution, probation, and community service order 120 hours (three years of previous imprisonment) is too uneasible.
2. The instant crime is determined as follows: (a) while the Defendant was under the influence of alcohol with 0.165% of alcohol without a driver’s license, the Defendant got a victim’s EXC driver’s vehicle running across the intersection by violating the signal by negligence while driving a vehicle with a 0.165% alcohol level without a driver’s license (hereinafter “Defendant’s vehicle”); (b) at the same time, the Defendant suffered an injury necessary for the victim’s medical treatment for about two weeks; and (c) at the same time, there was an accident that damages 270,000 won for repair expenses and immediately stop the accident to rescue the victim; and (d) upon being arrested by the police officer, the Defendant interfered with legitimate performance of his duties by assaulting the police officer investigating the instant situation, and insulting the police officer with a big desire to do so; (b) the Defendant’s act of causing serious injury to the police officer’s body by using a vehicle under the Road Traffic Act without permission for an accident due to a 20-year driver’s license for an accident, which is highly likely to injure the victim’s body.