The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. 판 단 피고인이 음주 운전으로 1회 벌금형을 받은 전력이 있는 점, 피고인이 혈 중 알코올 농도 0.127% 의 만취상태에서 운전하다가 신고를 받고 출동한 경찰관들에 의하여 음주 운전 현행범으로 체포당하여 F 지구대로 이동하던 중 경찰관에게 욕설을 하고 경찰관의 손을 발로 걷어찼고 위 지구대에 도착한 이후에도 욕설을 하는 등 소란을 피워 경찰관들의 업무에 지장을 초래한 것은 그 죄질이 좋지 못한 점 등 피고인에게 불리한 정상이 있다.

However, in full view of the following circumstances: (a) the fact that the Defendant recognized the entire act of crime; (b) the police officer who used the Defendant’s act of assaulted by the Defendant wanting the Defendant’s wife by agreement with the Defendant; (c) the driving force of the Defendant was old in 2005; (d) the Defendant did not have any particular criminal history; (c) the Defendant supports his mother of age; (d) the Defendant supports his mother of age; (e) the Defendant’s wife and the workplace rent are anticipated to be dismissed from office when the Defendant is subject to a suspended sentence or higher; (e) the Defendant’s wife and the workplace rent want the Defendant’s wife; and (e) other various circumstances, which are the conditions for sentencing specified in the instant records and arguments, such as the Defendant’s age, environment, sex behavior, circumstances leading to the crime, and conditions before

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.