All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant: The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

(A) The argument of mental disorder was withdrawn.

Prosecutor: The above sentence imposed by the court below on the defendant is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

It is recognized that the Defendant’s full recognition of and reflects on the instant crime, the degree of assault against the police officer, and the blood alcohol concentration of the Defendant at the time of the instant drunk driving is not relatively high to 0.056%, and the distance of driving is not about 50 meters, and there is a family member to support the Defendant, such as the Defendant’s mother-child who has difficulty in driving, who is in physical disability and who is in physical disability 1, the Defendant’s economic situation is not good, and the Defendant’s family members want to leave his wife.

However, during the crime of this case, obstruction of performance of official duties was committed by assaulting a police officer in the course of performing his duties, such as taking a bath, drinking part, etc., and obstructing the police officer's legitimate performance of duties. The nature of the crime is bad, the defendant's failure to obtain a letter from the damaged police officer, the defendant has already been punished one time due to obstruction of performance of official duties, and the defendant has already been punished two times due to the suspension of performance of official duties, and there are two times of criminal records, including the two times of the suspension of execution. In particular, it is recognized that the other crime of this case was committed on June 23, 2017, after the two-year judgment of the suspension of execution became final and conclusive for the crime of property damage on April of the suspension of execution.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is too heavy or uneasible.