The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles by the Defendant did not operate Gone Star Vehicles (hereinafter “instant vehicle”) owned by the Defendant as stated in the charges of violating the Road Traffic Act (driving).

Furthermore, it is true that the defendant's face of F, which is a police officer, one time as stated in the facts charged of the obstruction of performance of official duties of this case, was committed in the course of resistance to illegal arrest, which is an illegal act of performing official duties of this case, and thus, it constitutes legitimate act under Article 20 of the Criminal Act or self-defense under Article 21 (1) of the Criminal Act, and thus, illegality is excluded

Nevertheless, the court below convicted the defendant of each of the facts charged in this case. The court below erred by misapprehending the legal principles on legitimate act or self-defense, which affected the conclusion of the judgment.

B. Not on the basis of unreasonable sentencing

Even if the court below's punishment (five million won of fine) declared by the defendant is too unreasonable.

2. Determination

A. (1) To examine closely the various circumstances described in the part of the “determination of the Defendant and his defense counsel’s assertion” in light of the record, the lower court can sufficiently recognize the fact that the Defendant driven the instant vehicle in a drinking state, as stated in the facts charged of the instant violation of the Road Traffic Act.

(2) Furthermore, as to whether the arrest of the Defendant by the police officer E and F on the spot at the time was legitimate performance of official duties, the following facts are acknowledged by the various evidences duly adopted and investigated by the court below. In other words, the police officer F dispatched to the scene at the time was sent back to the scene, and the face of the Defendant was red, and the same statement was returned to the police officer.