The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (two years of imprisonment with prison labor and three years of suspended sentence) is too unhutiled and unfair.

2. The crime of this case recognized by the evidence, the evidence, the rule of evidence, and the legal principles are found to be a disadvantageous sentencing factor or objective and neutral sentencing factor, such as the following: (a) the crime of this case committed by the defendant under the influence of alcohol, which resulted in the injury of the victim while driving a motor vehicle in the course of driving the motor vehicle as it was, even though the victim was able to drive the motor vehicle due to the influence of alcohol due to the influence of alcohol control; (b) the degree of the crime is inferior; (c) the injury suffered by the victim is serious; and (d) the special obstruction of performance of official duties requires strict measures

However, there is also a favorable sentencing factor or objective and neutral sentencing factor such as the fact that the defendant recognizes his criminal act, that the defendant agrees with the victimized police officer, that the defendant agrees with the police officer, that the defendant is relatively minor fine, and that there is no other criminal record in addition to the punishment three times as a relatively minor fine.

In full view of the aforementioned factors of sentencing and sentencing criteria, the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, various circumstances revealed in the pleadings, including the circumstances after the commission of the crime, and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Committee (two to four years of imprisonment), it appears that the Defendant may choose to take measures for remedy, correction, and edification within society to prevent the Defendant from repeating a crime through probation, community service, etc., instead of suspending the execution of imprisonment with prison labor and the execution of the imprisonment with prison labor. Thus, the sentence imposed by the lower court cannot be deemed

Therefore, prosecutor's assertion is without merit.

[Mainal basis for determination of both punishment] - Injury resulting from special obstruction of performance of official duties: