The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (five million won of fine) is too unreasonable.

2. Even when considering the following facts: (a) the Defendant led to the instant crime; (b) the Defendant appears to have some of the circumstances that led to the instant crime; (c) there is no record of punishment for the same kind of crime in the past; and (d) there is no record of punishment exceeding the fine; (b) the instant crime was refused by a police officer’s request for the measurement of drinking without justifiable grounds; and (c) the instant case constitutes either imprisonment with prison labor for not less than one year but not more than three years, or a fine of not less than ten million won but not more than ten million won; and (d) the court below imposed a fine of the lower limit; and (e) taking into account all other circumstances that may serve as the conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the instant crime; and (e) the Defendant’s assertion is unreasonable because the sentence of the court below is too too unreasonable.

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.