The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The Defendant committed the instant crime of refusing to measure alcohol even though he/she had the record of criminal punishment of a fine of three times (2005, 2008, and 2012) due to the violation of the Road Traffic Act (driving). In addition, the Defendant committed the instant crime of refusing to measure alcohol at the same time, and the Defendant committed three times disadvantageous circumstances, such as the fact that the Defendant had the record of his/her driving alcohol and the history of his/her escape from the accident, and

However, the Defendant recognized the instant crime and committed the instant crime; the Defendant transferred the instant vehicle to another person while the Defendant was trying to no longer repeat again; the Defendant voluntarily determined that it was difficult to drive the vehicle after drinking; the Defendant parked the vehicle at an expressway resting area; the Defendant’s last violation of the Road Traffic Act did not lead to an accident; the Defendant’s criminal record prior to the Defendant’s last violation of the Road Traffic Act had lived in good faith without any punishment for a relatively long period of eight years; the Defendant was in charge of harbor-related duties for more than 20 years; the Defendant was granted a patent by designing a new coastal breakwater structure on the basis of the know-how accumulated in the process, and was going through subsequent procedures; and the Defendant was deemed to have been granted a patent for the instant vehicle; the Defendant, as the most supported by his wife and children, has failed to meet the patent-related duties promoted by the Defendant when the detention of the Defendant becomes long-term, and caused excessive difficulty to his dependants; the Defendant’s circumstances, including the background and circumstances leading up to the instant crime, are considered in light of the following circumstances, etc.

Therefore, the defendant's assertion of unfair sentencing is justified.

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