The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. It is true that there are conditions for sentencing favorable to the defendant, such as the fact that the defendant recognized the instant crime and reflects it.

However, in light of the following: (a) the Defendant, while under the influence of alcohol, drives a taxi driver, and refusing to comply with a police officer’s legitimate request for measurement of drinking, and thus the nature of the offense is not weak; (b) the statutory penalty for the crime of violation of the Road Traffic Act (recovering alcohol measurement) is “an imprisonment with prison labor for not less than one year but not more than three years or a fine not less than ten million won but not more than ten million won”; (c) the lower court sentenced the minimum statutory penalty; and (d) other circumstances that are the conditions for sentencing specified in the instant case, such as the Defendant’s age, sex, environment, family relationship, after the crime, etc., the lower court’s sentence is too unreasonable, and thus, it is not acceptable to accept the Defendant’s aforementioned argument of unfair sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.