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The prosecutor's appeal is dismissed.
Reasons
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, 40 hours of community service order, and 40 hours of order to attend a compliance driving lecture) is too uneased and unreasonable.
2. The crime of this case is disadvantageous to the following: (a) the Defendant is driving under influence of alcohol; (b) the Defendant interfered with the performance of official duties due to the desire and assault against the police officer who investigated him; (c) the quality of the crime is not good in light of the Criminal Procedure Act; (d) the act of obstructing the performance of official duties by police officers in uniform; (c) the Defendant’s blood alcohol level at the time of driving under influence of alcohol is not lower than 0.165%; and (d) the Defendant’s blood alcohol level at the time of driving under influence of this case is not lower than 0.165%; and (e) the Defendant repeatedly committed the crime of this case
However, in light of the favorable circumstances, such as the fact that the defendant repents his mistake and reflects against himself, the fact that the defendant would not repeat a crime, the obstruction of performance of official duties appears to have committed contingent crimes, the fact that there is no record of punishment for the same kind of crime, the fact that there is a family member who will support as the most favorable, and the age, character and behavior, environment, the circumstances and result of the crime of this case, and all of the sentencing conditions in this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too uneasible and unfair, and thus
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.