The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case committed by the Defendant, when the Defendant was discovered to be drunk driving, and the obstruction of performance of official duties is a crime that has undermined the legitimate exercise of public authority and thus has to be punished strictly.

However, the defendant has not committed a second offense, reflecting the mistake of crime in depth.

The Defendant is a primary offender, and the degree of the assault of this case and the obstruction of performance of official duties is relatively excessive.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the court below is too unfortunate.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.