The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence of the lower court (eight months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case is found to be disadvantageous to the defendant, such as the defendant's failure to comply with a police officer's request for alcohol measurement without justifiable grounds while driving a motor vehicle without a driver's license while drinking the motor vehicle. In light of the substance of the crime, the criminal liability is heavy, and the defendant has been punished for driving two times of drinking.

However, the court below's punishment against the defendant is too unreasonable, considering the fact that the defendant led to the confession of the crime of this case, that the social relation between the defendant and his family members is clear, that there is a child to support the defendant, that there is a child to support the defendant, and other circumstances that form the conditions for sentencing specified in the argument of this case, such as the age, sexual conduct, environment, etc. of the defendant.

Therefore, the defendant's argument that the above sentencing is unfair is justified.

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, and the judgment below is ruled again as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount (including circumstances favorable to the defendant mentioned earlier);