The prosecutor's appeal is dismissed.

1. The penalty (five million won of a fine) sentenced by the first instance court on the gist of the grounds of appeal is deemed to be too unfilled and unfair;

2. Determination elements of sentencing are recognized, such as the fact that the accused has been subject to punishment several times due to drinking driving, etc., and that there is no good quality of the crime, such as refusing a police officer’s request for measurement of justifiable drinking.

However, it is recognized that there are favorable sentencing factors such as the defendant's recognition of his crime, the driver's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's 49cc engine's vehicle's vehicle's vehicle's vehicle's vehicle's 49cc vehicle's vehicle's vehicle's vehicle'

Examining the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and various circumstances revealed in pleadings, such as the circumstances after the commission of the crime, the sentence sentenced by the first instance court is deemed appropriate, and it is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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.