The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. On 2005, the Defendant did not have any record of criminal punishment, except for a fine imposed once due to a drunk driving, and did not commit the instant crime in depth, and did not repeat the crime.

After the defendant's arrival of a substitute driver after drinking, he/she is driving the vehicle in the apartment parking lot after leaving the substitute driver, so the reason is considered.

However, the crime of this case is very heavy since it is found that the defendant was driven under the influence of alcohol and did not comply with the request of a police officer for a measurement of alcohol without justifiable grounds.

Article 148-2(1)2 of the Road Traffic Act provides that a person shall be punished by imprisonment with labor for not less than one year but not more than three years or by a fine of not less than 5 million won but not more than 10 million won in the same case. The lower court determined a statutory minimum punishment after the Defendant disposed of the vehicle and selected a fine in consideration of the circumstances that make it difficult for economic circumstances.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below is 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.