The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. While the Defendant was punished for the same kind of crime and the driver’s license of a motor vehicle was revoked during the suspension period, he/she suffered injury to the victim by causing a traffic accident while driving the motor vehicle while driving the motor vehicle while the driver’s license was revoked, and the crime of this case refusing a legitimate police officer’s request for a drinking test is very poor, and thus, the Defendant needs to be punished strictly

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) appears to have an opportunity to sufficiently reflect the Defendant’s life in custody for a period of up to two months; (c) the victim’s body and degree of injury cannot be deemed to be serious; and (d) the victim wants the Defendant’s wife again when he was in the trial; and (e) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the crime, the Defendant’s sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendant and his defense counsel’

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all 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 legal provisions concerning criminal facts, the proviso to Article 3(1), Article 3(2), the proviso to Article 3(2), Article 3(7)7 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(1)2, and Article 44(2) of the Road Traffic Act (the refusal of drinking measurement, the choice of imprisonment), Article 152 subparag. 1, and Article 43 of the Road Traffic Act;