The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Ex officio determination: (a) the statutory penalty for the crime of refusing to measure alcohol among the facts charged in the instant case is either one year to three years pursuant to Article 148-2(1)2 of the Road Traffic Act, or a fine of not less than five million won but not more than ten million won, and thus, if the court below intended to sentence a sentence of less than one year after selecting the Defendant, it should have reduced the amount of punishment pursuant to Articles 53 and 55(1)3 of the Criminal Act.

However, the court below sentenced the defendant to six months of imprisonment with prison labor, omitted the application of discretionary mitigation of statutes, and since such illegality affected the judgment, the judgment of the court below is no longer maintained.

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. The former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act among concurrent crimes (Aggravated Punishment for Crimes of Violation of the Road Traffic Act of the largest penalty)

1. Article 53 of the Discretionary Mitigation Criminal Act;