The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The instant crime is established that the Defendant was under the influence of alcohol level of 0.117% and obstructed the performance of official duties by driving the police officer E, who is under the influence of alcohol while under the influence of alcohol, in light of the background and content of the crime, and the degree of alcohol level during blood, etc., the issue is not less exceptionally in light of the crime; and the crime related to interference with the performance of official duties is a crime that undermines the State’s functions by nullifying the legitimate exercise of public authority, and thus, requires severe punishment to establish national legal order and eradicate the light of public authority.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime, thereby contravening the mistake; (b) the Defendant agreed with the police officer E at the lower court; (c) the Defendant did not have any history of criminal punishment except for those punished twice by a fine of this kind; and (d) the Defendant’s age, environment, family relationship; (b) background leading to the instant crime; and (c) circumstances before and after the instant crime, etc., which are conditions for sentencing indicated in the record, such as the circumstances before and after the

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