The prosecutor's appeal is dismissed.

1. The sentence of the court below (the fine of KRW 3,500,000) against the defendant in the summary of the grounds for appeal is too unhued and unreasonable.

2. The crime of this case is a circumstance unfavorable to the defendant, where the defendant did not comply with the police officer's request for a measurement of drinking without any justifiable reason, even though there is a reasonable ground to recognize that the defendant was driven under the influence of alcohol, and the crime of this case is not weak in its nature, and the defendant was sentenced to a fine due to drinking

However, in full view of various circumstances, such as the Defendant’s confession of the instant crime, the Defendant’s operation did not cause any traffic obstacle due to the Defendant’s operation, and there was no criminal conviction exceeding a fine, and there was any family member to provide support, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, the lower court’s punishment is too unreasonable, and thus, the Prosecutor’s allegation of unfair sentencing is not reasonable.

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.