2. Determination is a condition for sentencing favorable to the Defendant, such as the fact that the Defendant recognized the instant crime as an initial offender with no criminal record prior to the instant crime, and is against the Defendant, and the distance of the Defendant’s vehicle immediately before refusing to measure drinking is short and there are some other circumstances that may be taken into account.

However, in full view of the fact that the defendant's failure to comply with the request of an investigative agency for the measurement of legitimate drinking, and that the defendant's liability is not less severe than the minimum of the statutory penalty for the crime of violation of the Road Traffic Act (not less than 50 million won but not more than 10 million won) by reducing the amount of a fine for the summary order (not less than 50 million won) by taking into account the conditions favorable to the defendant, and that the court below seems to have sentenced to a minor punishment than the minimum of the punishment for the crime of violation of the Road Traffic Act (not less than 50 million won) by taking into account the defendant's conditions favorable to the defendant, and other circumstances that form the conditions for the punishment specified in this case, such as the defendant's age, sex, environment, family relationship, etc., the court below'

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