Text
The prosecutor's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds of appeal (the suspension of the execution of 2 years in October, the community service order of 40 hours in 10 months, the order of 40 hours in 40 hours in 10 months) is too unfun
2. The judgment of the court below is that each of the crimes of this case committed by the defendant under the influence of alcohol and driving without a license, obstructing the performance of official duties by assaulting a police officer dispatched after receiving a report, and the nature of the crime is not good, and such obstruction of performance of official duties requires strict punishment as a crime detrimental to the State's function by obstructing legitimate exercise of public authority. In particular, even though the defendant had been punished three times due to drinking driving in the past, even though he had the record of repeated driving in the past, the defendant's liability for the crime of this case is not easy. However, the defendant's confession of each of the crimes of this case and his mistake are unfolded in depth. The court below deposited a certain amount of money to the victimized police officer for the purpose of the crime of this case, a certain driving distance such as driving at about 200 meters in an officetel, and the degree of the assault of this case is not relatively more severe, and there is no record of punishment for the crime of obstruction of official duties, and there is no record of punishment more severe punishment than fines, and there is no reason for sentencing after considering all the motive, motive and circumstances of this case.
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.