The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The Defendant agreed with the victims.

The defendant is suffering from mental illness, and this is also a cause of the crime.

On the other hand, the defendant has been punished several times due to violent crimes or drinking driving.

As a result, the crime of injury was committed in this case without being aware of even during the probation period.

In full view of the circumstances above and the defendant's age, sex, environment, motive, means, consequence, etc. of the crime, and other various sentencing conditions shown in the arguments in this case, it is difficult to view that the sentence of the court below is unfair because it is too unreasonable (the defendant's defense counsel has driven under the influence of the defendant," in a supplementary statement to the grounds of appeal by the defendant on January 24, 2018, after the defendant's appeal was not timely filed for the reason for appeal.

The court of appeals asserts that the charge of the violation of the Road Traffic Act (refluence of alcohol measurement) should be pronounced not guilty, inasmuch as there is no reasonable ground to determine whether to permit the measurement of drinking, and the court of appeals can judge ex officio on the grounds that affect the judgment, even if it is not included in the reasoning of appeal.

The crime of refusing to comply with the measurement of drinking under Article 148-2 (1) 2 of the Road Traffic Act is under the influence of alcohol.

A person with considerable reasons to be determined is established when he/she fails to comply with the measurement by a police officer pursuant to Article 44(2) of the same Act. In order to establish a crime of refusing to take the measurement of alcohol, the driver is not necessarily required to be in a state of not less than 0.05% of alcohol concentration among the blood transfusion of a person in charge of driving alcohol at the time of the request for measurement of alcohol, but is in a state of not less than 0.05% of alcohol concentration during blood.

(b) if there are reasonable grounds to determine the person, and further, in a state of under the influence of alcohol;

reasonable e.g., designation.