Text
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 two years from the date this judgment became final and conclusive.
Reasons
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.
2. As to the grounds of appeal, each of the instant crimes committed by the Defendant is disadvantageous to the Defendant, such as: (a) driving a motor vehicle under the influence of alcohol level of 0.159%; (b) injuring a policeman engaged in drinking control; and (c) obstructing the performance of his/her duties; (c) in light of the blood alcohol level and violent nature revealed in the course of the crime; (d) the nature of the relevant crime is not good; and (e) having been sentenced three times to a fine due to an violent offense committed
However, it seems that the defendant led to the confession of each of the crimes of this case and reflects his mistake, that the degree of force of the defendant's use of force was not very strong, and that the degree of injury suffered by the police officer was not serious. The court below's sentence that sentenced six months of imprisonment is somewhat unreasonable, in light of the following factors: (a) the defendant's personal character, character, environment, motive and consequence leading to the crime of this case, the motive and consequence leading up to the crime of this case, the circumstances after the crime, etc., and all of the sentencing conditions stated in the arguments and records, including the circumstances after the crime, etc., were taken into account.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[D.] The Criminal Procedure Act applies to the facts constituting a crime and the summary of the evidence recognized by the court, as well as the summary of the evidence.