The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the punishment (one million won in penalty) declared by the court below.

2. Determination

A. The lower court sentenced the above punishment by taking account of the following: although the nature of the instant crime is inferior, the Defendant was the first offender, the Defendant appeared to have committed the crime of attempted death and to reflect in depth against the victimized police officers; and the driving part of drinking alcohol was separately prosecuted.

B. Since interference with the performance of official duties is likely to disrupt social order maintained by the public authority, it is necessary to immediately establish the public authority’s prestige and social discipline in order to create a social atmosphere in which legal principles and principles are complied with.

In particular, the crime of this case is a case of assaulting a police officer who has driven 3 km away by disregarding the police officer's demand for the measurement of drinking alcohol, and it is not good to commit such crime.

However, as the lower court considered, the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, in full view of all other circumstances, including the Defendant’s age, sexual conduct, environment, means and consequence of the crime, and the circumstances before and after the crime, etc., and the sentencing conditions specified in the records and arguments of this case, including the fact that the Defendant had no record of punishment, the Defendant recognized and reflected the instant crime, and was sentenced to a fine of KRW 7 million due to driving of alcohol, separate from the instant crime (Seoul District Court Decision 2015 high-level 4620).

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the prosecutor’s assertion is without merit, since the sentencing of the court below is too somewhat inappropriate to the extent that the judgment of the court below should be reversed.

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