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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (limited to one year of imprisonment, three years of suspended execution, 120 hours of community service, and 40 hours of order to attend a course) declared by the court below is deemed to be too uneasible and unfair.
2. The instant crime committed by the Defendant, without a driver’s license, is deemed to interfere with the performance of official duties by shocking the police officers demanding the Defendant to flee while driving a vehicle while under the influence of alcohol while under the influence of alcohol and under the influence of alcohol control. In light of the content and circumstances of the crime, the nature of the crime does not change.
In particular, the method of committing the crime was very dangerous even though the defendant got a police officer's attack in the course of escape immediately after drinking control, and due to this, it could cause serious traffic accidents.
In addition, even though the defendant had been punished three times due to drinking driving in the past, it is necessary to hold the defendant liable for severe responsibility in that he committed the crime of this case again.
However, the defendant recognizes his mistake and reflects that the defendant will no longer drive, disposes of the vehicle, there is a family member to support the defendant, there is no further additional traffic accident, the degree of shock that the damaged police officer has become more serious, the defendant has no criminal records of probation or more, the defendant has no criminal records of probation, other crimes of special obstruction of performance of official duties (the range of recommending punishment) according to the sentencing guidelines of the Supreme Court Sentencing Commission (the range of imprisonment for not less than one year) along with various sentencing conditions shown in the records and arguments, such as the defendant's age, character and behavior and environment, circumstances after the crime, etc., and other various sentencing conditions shown in the proceedings and arguments, including the sentencing guidelines of the Sentencing Commission (the range of recommending punishment) [1-4 years] and the aggravated area (1-4 years) of obstruction of official duties (the person under special jurisdiction] [1-year] and the scope of recommendations according to the majority crime processing guidelines: the remaining crimes of imprisonment for not less than one year.