The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. Before the judgment on the grounds for appeal by the defendant ex officio, the court below sentenced the defendant to six months of imprisonment. However, the crime of obstruction of performance of official duties of this case is an offense falling under Article 136 (1) of the Criminal Act and the statutory penalty is imprisonment for not more than five years or a fine not exceeding 10 million won, and the crime of violation of the Road Traffic Act of this case falls under Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, and the statutory penalty is a fine of not less than one year but not more than three years or not more than 5 million won and not more than 10 million won. Thus, the court below's decision on the grounds for appeal by the defendant is more serious concurrent crimes for the crime of obstruction of official duties as provided for in the crime of obstruction of official duties, and the minimum sentence should be one year as provided for in the crime of violation of the Road Traffic Act of this case.

Therefore, it was possible to have sentenced the Defendant to imprisonment with prison labor for 6 months, but the lower court sentenced the sentence beyond the scope of the punishment without undergoing such a mitigation process. In this respect, the lower court was no longer able to maintain it.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Code for the crime concerned (the point of obstruction of performance of official duties), Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 of the Road Traffic Act.