The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (two years of suspended execution for six months of imprisonment, two years of community service, 240 hours of imprisonment) is too unhued and unreasonable.

Judgment

In order to establish the legal order and eradicate the light of the public authority, there is a need to strictly punish the Defendant’s obstruction of performance of official duties, and the fact that the Defendant was unable to take a drinking test on F, whose drinking was at the time of drinking alcohol reduction due to the instant crime, is an unfavorable sentencing factor.

However, in full view of the following factors: (a) the Defendant’s mistake recognized by himself is against the Defendant; (b) the Defendant appears to have committed the instant crime by drinking and contingently; and (c) the Defendant’s previous convictions are favorable factors for sentencing; and (d) other factors such as the background of the instant crime; (b) circumstances after the instant crime; (c) the Defendant’s age, character and conduct, environment, etc.; and (d) the sentencing guidelines of the Sentencing Committee; and (e) the scope of the recommended sentencing according to the sentencing guidelines of the Sentencing Committee (the basic area of obstruction of performance of official duties: 6 months to 1 year and 4 months). As such,

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.