The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. The crime of this case is determined not only because the defendant did not comply with a police officer's request for drinking alcohol measurement without any justifiable reason even though there is a reasonable ground to recognize that he was driving under the influence of alcohol, but also that he used the police officer to wear his uniform and to perform official duties, and the quality of the crime is not weak. Despite the fact that the defendant had been punished several times due to drinking driving, the defendant also committed the crime of this case. However, it is necessary to punish the defendant in light of the fact that the defendant led to the crime of this case. On the other hand, the defendant confessions the crime of this case, is deemed to have an opportunity to sufficiently reflect his life beyond two months, and the degree of assault against the damaged police officer is not significant. The defendant deposited one million won in the court below and the trial court for the recovery of damage caused by the damaged police officer, there is no record of punishment exceeding a fine, and there is no record of punishment for the last ten years, that the defendant's failure to obstruct traffic due to drinking driving, the defendant's wife and his defense counsel's age, the circumstances and circumstances of this case.

3. In conclusion, the judgment 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 following judgment is rendered again after pleading.

Criminal facts

Criminal facts recognized by this court as well as summary of the evidence fall under both the original judgment and the summary of the evidence.