The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The gist of the Defendant’s appeal is that, although the Defendant did not intend to refuse to measure drinking at the time of the instant case, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment, and the lower court’s punishment (one year of imprisonment) declared by the lower court is too unreasonable.

In light of the evidence presented by the court below and the facts charged by the defendant in the court below, the defendant can be found to have committed the crime of violating the Road Traffic Act (Refusal of drinking measurement). Thus, the defendant's assertion of mistake of facts is without merit.

However, considering the fact that the defendant deposited KRW 30,00 to the victim D in the trial of the party, deposited KRW 550,00 to the victim I, and other various circumstances that are conditions for sentencing as indicated in the instant case, the court below's sentence imposed on the defendant is unreasonable, and thus, the defendant's argument of sentencing is justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions and the point of interference with the choice of punishment for the crime: Article 314 (1) of the Criminal Act that refuses to measure the drinking of alcohol: Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the choice of imprisonment) of the same Act: Violation of Article 329 of the Criminal Act (the choice of imprisonment): Violation of Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the choice of imprisonment);

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 to mitigate small amount;