The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (two months of imprisonment, two years of suspended sentence, one hundred and twenty hours of community service order, and forty hours of attending the law-abiding driving lecture) is too unreasonable.

2. The judgment of the defendant committed the crime of this case against the police officer who was dispatched after being reported while driving a vehicle in drinking condition, and did not comply with the request for measurement of drinking, and it is not good to the nature of the crime, the defendant was convicted of a fine due to driving under drinking around August 2006, etc., or is against the defendant's wrong approval, or there is no other punishment force against the defendant before the crime of this case since 2006, and taking into account all the kinds of sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, family environment, background, means and result of the crime, and the circumstances before and after the crime, etc., the punishment of the court below is somewhat inappropriate.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant statutory provisions concerning the crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement), Article 136 (1) of the Criminal Act (a point of obstruction of performance of official duties), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;