The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In a case where a misunderstanding of facts and misapprehension of legal principles (in a case where a person refuses to take a measurement by drinking, the crime of violating the Road Traffic Act is established, and therefore, it is lawful to arrest the defendant as an offender in the crime of violating the Road Traffic Act (in a case of refusal of drinking measurement).

B. The sentence that the lower court rendered unfair sentencing (or four months of imprisonment, one year of probation, one year of community service order, 160 hours, and 40 hours of order to attend a compliance driving) is too uneasible and unfair.

2. The lower court’s assertion of misunderstanding the facts and misapprehension of the legal doctrine on the assertion of misunderstanding the legal doctrine was based on which the police officer’s demand for a measurement by means of a drinking-free measuring instrument while explaining the grounds for the determination was a demand for the measurement of drinking alcohol

The court determined that it could not be seen.

The judgment below

In light of the relevant legal principles and the evidence duly admitted and investigated by the court below, the above determination by the court below is just and acceptable, and there is an error of law by misunderstanding facts or by misunderstanding the legal principles as alleged by the prosecutor, which affected the conclusion

subsection (b) of this section.

Therefore, the prosecutor's allegation of mistake and misapprehension of legal principles is not accepted.

3. The defendant has been subject to punishment twice due to an unlicensed driving in the judgment of the defendant on the unfair argument of sentencing.

However, the Defendant is against the charge and the driving distance of the instant case is approximately 250 meters, which is not clear.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, sex, environment, background leading to the commission of a crime, and circumstances after the commission of a crime, the lower court’s sentence is unobcied and thus is not deemed unfair.

4. As such, the prosecutor’s appeal is without merit. Thus, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (No. 5 of the judgment of the court below as to September 23, 2014 at the time of dispatch).