The prosecutor's appeal is dismissed.

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

2. In light of the fact that the Defendant was punished several times for the same kind of crime of drinking driving, the Defendant committed the instant crime during the suspension of the execution period, and the Defendant refused to take a lawful drinking test by a police officer three times even after receiving a police officer’s request for the measurement of drinking, and the nature of the relevant crime is not good, the Defendant’s strict punishment should be punished. Meanwhile, the Defendant confessions the instant crime and reflects his mistake, the Defendant has no record of being sentenced to the same crime, the Defendant has family members to support the Defendant, and there are no special circumstances to change the sentence of the lower court at the trial, and the Defendant’s age, character, character, intelligence and environment, motive and background of the crime, means, method, and consequence, the circumstances before and after the crime, and the criminal record relationship, etc., the Prosecutor’s assertion of unfair sentencing is not accepted.

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