The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment and a fine of 300,000 won) is too unreasonable.

2. The judgment defendant shows the appearance of recognizing and reflecting his/her crime, and there is no record of punishment for driving under drinking for about six years since 2014.

However, while driving a motor vehicle on a license without permission, the Defendant: (a) caused a traffic accident while driving the motor vehicle, resulting in physical damage; and (b) refused to take a drinking test upon a police officer’s suspicion of driving the motor vehicle due to the foregoing traffic accident; and (c) refused to take a drinking test even after receiving a request for a drinking test from the police officer; and (d) in light of

The defendant has a record of being punished several times due to refusal of drinking measurement, driving of drinking, and driving without a license, and has a record of being punished as suspension of the execution of imprisonment with labor due to a drinking without a license.

In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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.