The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

2. It is recognized that the defendant was in a profound radius when he recognized the error of the crime of this case.

However, despite the fact that the defendant has been punished twice due to drinking driving, in particular, in the Daegu District Court Kimcheon Branch on April 16, 2015, he was sentenced to a suspended sentence of two years due to a violation of road traffic law in the 8th month of imprisonment for the crime of violation of road traffic law, the crime of this case is committed, the blood alcohol concentration at the time of the crime is higher than 0.134%, and the degree of criticism is large in that he/she refused to comply with the stop order issued by the police officer controlling the driving of drinking and escaped.

In full view of the above circumstances and other circumstances, the punishment imposed by the court below is too uneasible and unfair, in light of all the sentencing conditions shown in the records and arguments, such as the background of the crime, the defendant's age, sex, environment, etc.

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. An order to attend a course under Article 62-2 of the Criminal Act;