The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.

2. In light of the fact that the Defendant driving a vehicle while under the influence of alcohol 0.214% with a blood alcohol level, without justifiable cause, and the quality of the crime is not less than that of the police officer’s refusal to comply with a police officer’s demand for alcohol measurement, and that the Defendant had the power to be subject to criminal punishment three times for the same crime even before, the Defendant is subject to strict punishment.

However, on the other hand, the court below's punishment is too unreasonable in light of the following: (a) the defendant recognized the crime of this case; (b) there was no past history of criminal punishment exceeding the fine for the same kind of crime; (c) the family members and branch members of the defendant wanted to distort the defendant's prior location; and (d) the sale of vehicles, etc. again, it is hard to say that such mistake will not be repeated; and (e) other various sentencing conditions in the records and arguments, such as the circumstances leading to the crime of this case, the defendant's age, character and conduct, and environment, are recognized as being too unreasonable, and therefore,

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Discied Judgment] The criminal facts and summary of evidence against the defendant recognized by the court are identical to each corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; hereinafter the same shall apply); Articles 148-2(2)2 and 44(2) of the former Road Traffic Act; Articles 148-2(1)2 and 44(2) of the former Road Traffic Act; Articles 148-2(1)1 and 44(2)

1. Article 37 of the Criminal Code among concurrent crimes.