The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (seven months of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendant while driving a cargo while under the influence of approximately 0.145% of alcohol content, and was controlled by the Defendant, such as slope E, a police officer belonging to the Sacheon Police Station D District D Zone D (hereinafter “victim E, etc.”). After checking whether the Defendant’s child living at the control place to take over the Defendant’s vehicle, and reporting the Defendant’s intent to hand over the vehicle to the victimized police officer, and taking the victimized police officer’s desire to take care of the vehicle, and thus obstructing the Defendant’s legitimate performance of duties by assaulting the victimized police officer, such as committing about 2-3 smuggling, spawd down the victimized police officer’s body, and receiving the threshold of the damaged police officer’s head, etc., and the case is not less complicated, and the Defendant was punished several times due to the past violation of the Road Traffic Act and the violation of the Road Traffic Act (the suspension of the execution of imprisonment with labor twice) and one time as a fine for obstruction of execution of official duties.

However, in full view of all the circumstances that are favorable to the defendant, such as the confession of the defendant and the living under detention for not less than four months, the defendant deposited KRW 500,00 for the victimized police officer when the defendant was in the trial, the defendant was in the position to support his parent, and all the records of the defendant's same kind of force before 2009, etc., and the circumstances that are favorable to the defendant, the character and conduct and environment of the defendant, the circumstances and results of each of the crimes of this case, and the conditions of sentencing as shown in the records and arguments, the punishment imposed by the court below is deemed unfair, and therefore the above argument by the defendant is reasonable.

3. Accordingly, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again followed.