The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the lower court rendered on the Defendant (five million won in penalty) is unreasonable as it is excessively unhutiled.

2. We examine the reasoning of appeal. Each of the crimes of this case committed by the Defendant is deemed to be disadvantageous to the Defendant in light of the content and method of the crime, etc. of this case, in order to protect the State’s legitimate performance of official duties and to establish a sound social order, it is necessary to strictly punish the crime of obstructing the performance of official duties. The crime of refusing to measure drinking, also requires strict punishment in order to ensure the safety of road traffic and prevent danger.

However, in light of the following circumstances: (a) the Defendant recognized all the criminal facts of this case and against his mistake; (b) the Defendant moved to the apartment by proxy driver until the entrance of the apartment; and (c) the distance operated by the Defendant to drive a daily drinking driving 200 meters in the apartment complex is relatively short; (d) the degree of tangible force exercised by the victimized Police Officers is not much serious; (e) the period for which the Defendant did not subscribe again after the expiration of the period of liability insurance; (b) the Defendant did not have any past record of criminal punishment; (c) the Defendant did not have any past record of criminal punishment; (d) the general amount of punishment in the same and similar cases; and (e) the Defendant’s age, sexual behavior, intelligence and environment; (e) the motive and background of the instant crime; (e) the motive and consequence of the instant crime; (e) the victim; (e) the frequency and consequence of the crime; (e) the possibility of recidivism; (e) the circumstances after the crime; and (e) family relationship and health conditions, etc., the Defendant’s argument is not justified.

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.