The defendant's appeal is dismissed.

1. In light of the gist of the grounds for appeal that the Defendant repents his mistake, the lower court’s punishment (five million won of fine) is too unreasonable.

2. The judgment is divided into and against the defendant's mistake, the defendant has no record of criminal punishment for the same kind of crime, etc., and the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment for the crime. This case is refused to take a drinking test by a police officer without justifiable grounds, even though there are reasonable grounds to recognize the defendant as driving in a drinking state at the time of the crime. It cannot be deemed that the defendant's age, character, environment, family relationship, motive and circumstance of the crime, method and consequence of the crime, and circumstances after the crime, etc., including the fact that the defendant's demand for a drinking test from a police officer cannot be deemed to be negligible, and that there is no urgent or inevitable circumstance at the time of the crime. In full view of various sentencing conditions as shown in the arguments in the instant case, it is not recognized that the sentence of the court below is unreasonable because it is too much unreasonable.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.