The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the punishment (ten months of imprisonment and two years of suspended execution) declared by the court below against the defendant is too unhued and unfair.

2. The judgment of the court below was examined, and the crime of this case was committed in a state of full-time driving by the defendant.

It is recognized that the crime is not good because it assaults a police officer called out after receiving a report on the attachment of a criminal and trial expense and obstructs the legitimate execution of official duties.

On the other hand, however, the defendant recognized the crime of this case and divided his mistake, and the defendant did not have any record of punishment for the same crime, and with respect to the point of drinking driving, the defendant arrived at the apartment site entrance, leaving the substitute driving engineer, and drives the vehicle to park in the apartment parking lot after leaving the apartment site, so there are circumstances to be considered in relation to the situation. As to the obstruction of performance of official duties, I want to take measures against the defendant among the damaged police officers, and considering all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, circumstances of the crime of this case, and circumstances after the crime, etc., the prosecutor's assertion is without merit.

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