The judgment of the court below is reversed.

The punishment of the accused shall be determined by six months of imprisonment.

provided that this ruling has become final and conclusive.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination of the instant crime is an unfavorable circumstance where the Defendant, who had been punished several times due to driving without a license for drinking alcohol, refuses a police officer’s request for measurement of drinking alcohol without justifiable grounds, and the nature of the instant crime is not good.

On the other hand, it is favorable for the defendant to recognize and reflect his mistake properly, and to have no record of punishment exceeding the fine.

In addition, considering the circumstances of the crime of this case, the circumstances after the crime of this case, the age, character and conduct, and environment of the defendant, the sentence imposed by the court below is somewhat inappropriate.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

(A) If an appeal filed by a prosecutor is filed by the defendant, the appeal filed by a prosecutor shall not be dismissed separately). (A prosecutor shall not separately dismiss the appeal filed by the defendant) The summary of facts constituting an offense and evidence recognized by the court shall be as stated in the corresponding column

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

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

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;