The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unfluent and unreasonable.

2. The judgment of the Defendant is recognized to recognize all of the instant crimes and reflect the mistake, and there is no record of punishment for the same kind of crime.

However, the crime of this case was committed by the Defendant while under the influence of alcohol against two police officers in the process of performing legitimate duties, and did not comply with a police officer’s demand for measurement of drinking. In light of the method and result of the crime, the nature of the crime is not good in light of the law and the result of the crime; the State’s legal order is established and the public authority is necessary to strictly punish the crime obstructing the performance of official duties in order to eradicate the peace of the public authority; in particular, the Defendant committed the crime of this case without being aware even though he was under the suspension of execution; and in full view of the Defendant’s age, sex, environment, circumstances, means and consequence of the crime, and all of the sentencing conditions indicated in the records and arguments of this case, such as the circumstances after the crime

Therefore, the prosecutor's above assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Grounds for another judgment】 The summary of facts constituting a crime and evidence recognized by the core of facts constituting a crime and evidence is the same as the stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2(1)2 and 44(2) of the Road Traffic Act, and the choice of imprisonment for each type of crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated by concurrent crimes resulting from a violation of the Road Traffic Act, committed by a person who interferes with the execution of official duties against I of the largest punishment: Provided, That the lowest sentence shall be the crime committed by a person who violates the Road Traffic Act;