The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The sentencing of the lower court (two years of suspended sentence of eight months, community service hours, and forty hours of instruction of compliance driving) on the gist of the grounds of appeal is too unreasonable.

2. At the time of driving the instant drinking, the alcohol level exceeds 0.2%, and the Defendant assaulted the police officer in the process of receiving a demand for the measurement of drinking.

Provided, That if the defendant has no record of committing any crime above the suspension of execution, and is sentenced to imprisonment without prison labor or heavier punishment, he/she shall lose his/her position.

The Defendant agreed with police officers E.

In full view of the circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, family relationship, means and consequence, etc., the lower court’s sentencing is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading.

[Re-written judgment] The same as the relevant column of the lower judgment’s judgment on criminal facts and summary of evidence.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the relevant Act on the Traffic of Roads for criminal facts, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a person driving under influence of alcohol), and Article 136 (1) of the Criminal Act (a person interfering with the performance of official duties);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each alternative fine for punishment;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes concerning a violation of Road Traffic Act, with heavier punishment, shall be aggravated);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;