The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. In light of the fact that the defendant, who had been punished several times due to the violation of the Road Traffic Act due to the same type of driving under the influence of alcohol such as this case, committed a crime of violating the Road Traffic Act due to the refusal of drinking alcohol measurement in this case, and there is a social consensus on the necessity of driving under the influence of alcohol, etc., it is necessary to punish the defendant with severe penalty corresponding to his responsibility.

However, in light of the following factors: (a) the Defendant committed the instant crime under the age of 65 years, and was committed against his mistake in depth while committing the instant crime; and (b) the Defendant’s wife appears to have significantly differentiated from his strongness or the risk of drunk driving through confinement life for two months; and (c) the Defendant’s wife wanting to take the Defendant’s wife against the Defendant; and (d) other factors for sentencing indicated in the instant records, including the Defendant’s age, character and conduct, environment, health conditions, motive for the instant crime, and circumstances after committing the instant crime, the lower court’s punishment against the Defendant is light.

It is too unreasonable rather than that.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is delivered

(3) Article 369 of the Criminal Procedure Act provides that a prosecutor’s appeal shall not be dismissed, inasmuch as the defendant’s appeal is accepted and the judgment of the court below is reversed. (4) (3) The Criminal Procedure Act provides that a summary of the facts constituting an offense and the evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;