The defendant's appeal is dismissed.

1. The penalty (five million won by fine) declared by the court below is too unreasonable, because of the gist of the grounds for appeal.

2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.

In light of the favorable circumstances: (a) there is a history of punishment once for a drunk driving; (b) there is no change in the conditions of sentencing compared with the original judgment; (c) there is no change in the conditions of sentencing in light of other conditions of sentencing and the statutory punishment (in the case of a fine, more than five million won, but not more than ten million won) on the grounds that there is no change in the conditions of sentencing as a result of the failure to comply with a police officer’s legitimate request for measurement of alcohol consumption without any justifiable reason; and (d) there is no other circumstance that the judgment of the lower court is deemed to have exceeded the reasonable limit of discretion; or that it is deemed to have been unfair to maintain the judgment of the lower court as it is.

Therefore, we cannot accept the defendant's argument during the sentencing.

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