The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, three years of suspended execution, two years of probation, one hundred and twenty hours of community service, and forty hours of compliance driving) is too uneasy and unreasonable;

2. In full view of all the factors, such as the Defendant’s refusal to take a alcohol test, the Defendant committed the instant crime even though he had the past record of criminal punishment several times due to drinking driving, the Defendant was sentenced to imprisonment for six months with or without a license for driving under the influence of alcohol and the suspension of execution for two years in 2010, and the Defendant’s unfavorable sentencing factors, such as the Defendant’s criminal punishment for the same type of crime, which reflects the Defendant’s crime, and the favorable sentencing factors, such as the fact that the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, as well as other various circumstances, which are the conditions of sentencing specified in the instant records and arguments, such as the circumstance after the crime, it is difficult to deem that the lower court’s sentence against the

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.