The defendant's appeal is dismissed.

1. The punishment of a fine of KRW 5 million sentenced by the original judgment on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below takes the attitude of recognizing and opposing the defendant's wrongness; the defendant led to the confession of the facts of drinking immediately after the instant case; the defendant did not have been punished for driving under the influence of alcohol; the defendant did not have any other criminal power; and the defendant's difficult economic circumstances; however, the crime of refusing to take a drinking test without justifiable grounds is not less complicated; the punishment of the court below is the minimum of the statutory penalty prescribed in the Road Traffic Act; the punishment of the fine of KRW 5 million, which the court below sentenced, is the minimum of the punishment prescribed in the Road Traffic Act; and all other circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the crime; and the punishment that the court below sentenced within the proper sentencing discretion.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.