The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The instant crime is deemed to have committed the instant crime under considerable grounds to suspect that the Defendant was driving under the influence of alcohol, and thus refusing a police officer’s demand for measurement of alcohol and driving without a license. In light of the fact that the Defendant had been punished several times from December 2, 2003 to July 2012, even though he had been sentenced to a fine on several occasions, the Defendant again committed each of the instant crimes of the same kind after about one month thereafter, the Defendant’s liability cannot be readily deemed to have been imposed.

However, considering the following circumstances: (a) the Defendant, who said that the Defendant would not drive under the influence of alcohol again, shows an attitude against the Defendant by scrapping the vehicle owned by the Defendant, etc.; (b) the Defendant currently lives under the influence of alcohol due to liver cancer; and (c) the Defendant’s age, character and conduct, intelligence and environment; and (d) motive, means and consequence of the instant crime; and (e) other circumstances that form the conditions for sentencing as indicated in the record, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the

The prosecutor's assertion of unfair sentencing 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.