The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, 80 hours of community service order, and 40 hours of compliance driving order) is too uneased and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, on March 23, 2009, that the crime of this case was committed in the state of alcohol alcohol concentration of 0.161% by the defendant who was under the influence of alcohol and was sentenced to a summary order of a fine of KRW 1.5 million due to the violation of the Road Traffic Act, which was committed by the former District Court on March 23, 2009, in that the defendant's refusal of the police officer's request for measurement of alcohol so as to interfere with the legitimate execution of public authority by obstructing the legitimate execution of public authority. The drinking driving is very poor.

However, in full view of the fact that the defendant is divided into and reflected against his criminal act, the distance of the defendant's driving in the state of his taking is about 600 to 700 meters, other than the above criminal records, there is no record of punishment for the same kind of crime except the above criminal records, and there is no record of criminal punishment since 2010, and other conditions of the defendant's age, character, character, environment and other sentencing, the sentence of the court below is too uneasible and unreasonable.

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