The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. As to the grounds for appeal, even though the Defendant had been punished twice by a fine for drinking driving after 2014 or once a suspended sentence of imprisonment with prison labor, the Defendant again committed the instant crime of drinking alcohol, the Defendant’s liability is heavy in light of the following: (a) the blood alcohol concentration measured by the Defendant at the time of the instant case is considerably high; (b) the Defendant was driving under the influence of alcohol; (c) the Defendant committed the crime of obstructing performance of official duties by breathing and assault against the control police officer; (d) the Defendant committed the crime of obstructing performance of official duties by abusing the legitimate exercise of public authority and impeding the function of the State’s legal order.

However, in light of all the sentencing conditions in the instant case, including the Defendant’s age, character and conduct, environment, family relationship, motive and attitude of the crime, and circumstances after the crime, it is deemed unfair that the sentence imposed by the lower court is too unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court and summary of evidence, and the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with

Application of Statutes

1. Relevant Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment), and Article 136 of the Criminal Act concerning criminal facts;