The prosecutor's appeal is dismissed.

1. The lower court’s punishment (fine 3,500,000) against the Defendant on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. The crime of this case, although there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol without a justifiable reason, is not in compliance with the police officer's request for measurement of alcohol without any justifiable reason, and the nature of the crime is not somewhat weak. However, the prosecutor's allegation of unfair sentencing is without merit, in full view of the following circumstances: (a) the defendant did not commit the same crime except for the defendant who was sentenced to a fine at least once 20 years prior to his/her drinking driving; (b) there was no record of punishment exceeding the fine; (c) the defendant did not cause any traffic obstacle due to his/her drunk driving; (d) the defendant supports the wife and his/her children in the economic form that the defendant is difficult; and (e) other circumstances that form the conditions for sentencing specified in this case, such as the defendant's age, character and behavior, environment, family relationship, etc.

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.