The defendant's appeal is dismissed.

1. Of the facts charged in the instant case, the lower court convicted the Defendant of the charges of assaulting, obstructing the performance of official duties, and violating the Road Traffic Act.

However, only the defendant appealed against the guilty portion, and the dismissal part of the judgment below became final and conclusive separately as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

3. It is recognized that the Defendant recognized the instant crime and reflects on the recognition of the instant crime, the degree of assault to interfere with the performance of official duties is relatively insignificant, the Defendant’s distance from driving alcohol is short, and no physical damage has occurred due to drinking driving.

However, it is also recognized that the defendant had a record of being sentenced to a suspended sentence due to interference with the performance of the same official duties, and committed the crime such as drinking of this case even during the suspended sentence due to the refusal of drinking measurement, and the defendant was blicking the police officer even after the arrest of the flagrant offender due to interference with the performance of official duties. It is also recognized that the crime of interference with the performance of official duties needs to be strict in order to protect the legitimate performance of official duties of the State and to establish sound social order, and that the defendant did not receive a letter from

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unreasonable.

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