2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.

The lower court, taking into account the favorable and unfavorable circumstances to the Defendant, selected imprisonment and sentenced the maximum statutory penalty.

Defendant repeated his refusal to take a alcohol test during a short period (the Defendant refused to take a alcohol test at around 12:30 on July 31, 2019, and again conducted a alcohol test at around 3 hours after the same day. On June 18, 2019, the Defendant was indicted for refusal to take a alcohol test on July 31, 2019, and again conducted a alcohol test on August 31, 2019, and again conducted a alcohol test at the same time and without a alcohol test on July 31, 2019). In light of the fact that the blood alcohol level at the time of each alcohol test is considerably high, it cannot be deemed that the lower court’s punishment is excessively excessive beyond the reasonable limit of discretion.

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