The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentence imposed by the lower court (one year and three months) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant, while escaping from drinking control, destroyed the property, inflicted an injury on the police officer, and rejected the measurement of drinking after the arrest. The responsibility for the crime is hot.

Considering the fact that the defendant has already been sentenced to punishment due to the crime of obstructing the performance of official duties and the crime of violating the Road Traffic Act, it is inevitable to punish the defendant corresponding to the punishment.

However, in full view of the favorable circumstances, such as the fact that the defendant was committed while committing the crime, and agreed with the victim of the crime of property damage, and that all victims are not punished by the defendant, and other various circumstances, such as the defendant's age, sex, environment, and family relationship, the court below's punishment is too unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the judgment below, and thus, it is acceptable to accept it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 369(1) and 366 of the Criminal Act related to the relevant criminal facts; Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties); Article 257(1) of the Criminal Act (the point of injuring) and Articles 148-2(1)2 and 44(2) of the Road Traffic Act (the point of refusing the measurement of drinking alcohol) concerning the criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of obstructing the performance of official duties and the crimes of injuring an injury, and the punishment imposed on the crimes of serious injury shall be imposed);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.