2. It is recognized that there are some circumstances to consider the circumstances such as the Defendant’s acknowledgement of the instant crime and reflects his mistake, the Defendant reached the scene of the instant case through his substitute driving, and the distance from driving under the influence of alcohol was not clear.

However, even though there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, the Defendant’s act of refusing to take a alcohol test by the police officer is not easy, and the crime of drunk driving is a crime causing danger not only to himself but also to another person’s life and body, and even if the driving distance is short, it cannot avoid the pertinent net accident. In such purport, the revised Road Traffic Act strengthened the punishment by raising the statutory penalty for the crime of drunk driving, the Defendant has the history of being punished by a fine for the crime of drunk driving even in 2006, and is punished by a fine for the other without a license, and is subject to the majority of the criminal punishment of the Defendant’s age, environment, family relationship, and circumstances before and after the crime, etc., the sentence of the lower court is too unreasonable.

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