The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years of suspended sentence, probation, and 80 hours of community service order) of the lower court is too uneased and unreasonable;

2. The defendant recognized all his mistake and is in depth against his depth.

The defendant has to support his spouse who is not good in health, and the social relationship seems to be relatively clear.

This can be considered as the circumstances favorable to the defendant.

However, drinking driving needs to be strictly punished in a very high risk of infringing on the life and body of others as well as himself/herself.

Although the defendant had already been punished three times or more due to drinking driving (one time a suspended sentence of imprisonment, two times a fine) and once again commits the crime of drinking driving in this case, it is more criticized.

The Defendant driven a vehicle with blood alcohol concentration of 0.177%, and was diving in the traffic signal atmosphere at the intersection, and later entered the intersection by violating the signal.

Accordingly, the police officer called to the site to require the defendant to take a drinking test, and the defendant consistently complained of the defendant, and later, left the vehicle and escaped later.

Even after the defendant was arrested as a flagrant offender, the defendant refused or rejected the police officer's request for a drinking test twice, and the third demand respondeds to a math test, and the result showed that the defendant was driving in a state of drinking.

Examining the process of such detection, the crime of this case is not suitable for the nature of the crime and the circumstances after the crime, compared to the simple drinking driving.

In addition, the distance of the defendant's drinking driving is reasonable, and there are no parts that can be considered even when the defendant's drinking driving was made.

Such unfavorable circumstances and the fact that the defendant has already been placed under the suspension of the execution of imprisonment with prison labor even though he was unable to commit a crime of drunk driving.