The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. The Defendant, even though driving a drinking on the day of the instant case, did not comply with the measurement of drinking without any justifiable reason, and the liability for the crime is very heavy, such as taking a bath to a police officer and causing injury to a police officer. The Defendant’s previous convictions punished by drinking two times after 2006 and has many records of having been punished for the same kind of violent crime, and there is a need to punish the Defendant with severe punishment to establish national legal order and eradicate the light of public authority.

However, in full view of the following factors: (a) the Defendant shows an attitude against his mistake; (b) the degree of injury inflicted by the victimized police officer is relatively minor; (c) the Defendant received a letter from the victimized police officer; and (d) the Defendant’s age, sex, criminal conduct, family environment, motive and circumstance of the offense; (b) the means and consequence of the offense; and (c) various sentencing conditions as shown in the argument of the instant case, including the circumstances before and after the commission of the offense, etc.,

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 evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 148-2 (1) 2 and 44 (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 Commercial Concurrent Crimes Act (the crime of obstructing the performance of official duties and the crimes of injuring an injury, and the punishment imposed on the crimes of serious injury shall be imposed);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.