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The prosecutor's appeal is dismissed.
Reasons
1. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, and 40 hours of order to attend a course) is too unfasible and unreasonable.
2. The crime of this case was committed on the part of a taxi engineer, causing a traffic accident while driving under influence, resulting in injury to the victim requiring two-day medical treatment. The defendant arrested a police officer in the above case and refused to take a measurement of drinking by a police officer by threatening a police officer or threatening him/her to go on face to a police station. In light of the circumstances leading up to the crime, how he/she committed the act, and how he/she committed the act of obstructing the performance of official duties and refusing to measure drinking, such as this case, need to be punished by the State law and order based on public authority. In particular, the act of obstructing the performance of official duties and refusing to measure drinking such as this case is extremely damaging the legal order of the country based on public authority, so it is not possible to agree with the victim of the traffic accident. The victim police officer wanted to punish the defendant, was punished by a fine, once a crime of violence, once a suspended sentence, twice a fine, and
However, it is important for the defendant to recognize and reflect his mistake, and the degree of violence against the victim of the traffic accident and the victim police officer.
In light of the circumstances favorable to the defendant, including the fact that it is not visible, the damage to the victim of the traffic accident is recovered through the mutual aid association in which the defendant joined, and in addition, the defendant made efforts to recover the damage, such as deposit of KRW 1 million for the victim of the traffic accident and KRW 500,000 for the police officer who has committed the assault, etc., and other circumstances favorable to the defendant, such as the defendant's age, sexual behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, the means and consequence of the crime, etc., it is not recognized that the punishment imposed by the court below is too unreasonable.
3. Conclusion, the prosecutor.