2. The Defendant, even though he/she had a record of punishment once due to drinking driving, failed to comply with a police officer’s request for measurement of drinking alcohol without justifiable grounds, and the nature of such crime is not less severe.

However, considering the following as a whole: (a) the Defendant recognized his mistake and reflects; (b) there was no history of punishment exceeding a fine; and (c) a drunk driving has no record of punishment other than that subject to the punishment in 2010; and (d) all the conditions of sentencing specified in pleadings, such as the Defendant’s age, character and conduct, motive and background of the offense; (b) the driving distance; and (c) the circumstances after the offense, etc., the lower court’s sentencing appears to have been conducted within the reasonable scope by taking into account all the factors of sentencing specified in the present pleadings; and (d) there was no special circumstance of change in circumstances to change the sentencing of the lower court

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.