The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. As to the grounds for appeal, the Defendant did not comply with a police officer’s request for a proper drinking test. The nature of the offense is not good, and the Defendant committed a second offense despite the record of juvenile protective disposition due to drinking driving, which is disadvantageous to the Defendant.

On the other hand, the fact that the defendant does not repeat again while he reflects his mistake, the danger of driving the drinking of this case does not realize, and the fact that the defendant is the first offender is favorable to the defendant.

In addition, considering the Defendant’s age, gender and environment, motive, means and consequence of the crime, and all of the sentencing factors in the process of the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is too unjustifiable.

Therefore, prosecutor's assertion is without merit.

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