The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The summary of the reasons for appeal is too unreasonable that the punishment of imprisonment (one year of imprisonment) of the original judgment is too unreasonable.

2. The judgment of the court below is justified in light of the following: the defendant was in a traffic accident while driving under the influence of alcohol; the person who intends to report the driving under the influence of alcohol was injured; the police who was dispatched after receiving the report did not assault the police; the defendant damaged public goods; the defendant has already been punished for driving under the influence of alcohol; and the defendant had the record of punishment for driving under the influence of alcohol; however, the defendant's sentence is inevitable; however, the defendant's agreement with the victim; the defendant made an effort to recover damage, such as payment of insurance money to the police officer who was abused; and the defendant's age, character, occupation and environment; the circumstances and result of the crime; and the circumstances after the crime, etc., the punishment of the court below seems to be somewhat heavy.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257(1) of the Criminal Act and Articles 141(1), 136(1) (the choice of imprisonment), the proviso of Article 3(1), Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1)2, and Article 44 of the Road Traffic Act, which stipulate the applicable law as to the crime, the choice of punishment for the crime.