The prosecutor's appeal is dismissed.

1. In light of the following: (a) the summary of the grounds for appeal (e.g., a fine of KRW 5 million) imposed by the lower court (e., a fine of KRW 5 million), the prosecutor sought a fine of KRW 7 million against the Defendant, without taking necessary measures, from the perspective of the fact that the Defendant causes a traffic accident and runs away without taking necessary measures.

It is too unfortunate that is unfair.

2. The crime of this case committed by the defendant while driving a car at the front time by negligence that the defendant violated the duty of drinking at the front time while driving the car, thereby causing three-way injury to the victim F, who was on the part of the defendant, who was on the part of the victim G while driving the car, and the victim F, who was on the part of the defendant, did not take necessary measures to repair the damaged vehicle so that 1,162,38 won may be destroyed and damaged, and refused to comply with a drinking test by the police officer who was dispatched after receiving the report without any justifiable reason even though he was demanded by the police officer to respond to the drinking test. Thus, the defendant's act of refusing drinking measurement is not sufficient to commit the crime of not complying with the drinking test request despite the police officer's legitimate request. In light of the above, the prosecutor's assertion that the defendant should be punished strictly is also necessary.

However, in full view of all the circumstances such as the Defendant’s age, health conditions, character and behavior, environment, circumstances before and after the crime of this case, etc., the lower court’s punishment is deemed to be adequate and too unreasonable, and thus, it is not recognized that the Defendant’s punishment is unreasonable, considering the following circumstances: (a) the Defendant’s vehicle is covered by comprehensive insurance, and the victims are guaranteed the recovery of damage to the victims; and (b) the victims do not want to be punished; and (c) the Defendant is a primary offender without any previous conviction.