The appeal by the prosecutor is dismissed.

Summary of Grounds for Appeal

(F) The sentence of the court below (a fine of 5 million won) is too uneased and unfair.

Judgment

The crime of this case is that the defendant's voluntary operation along the district did not comply with the police officer's request for a drinking test without any justifiable reason, and it cannot be deemed that the responsibility for the crime of this case is light.

However, in light of the circumstances leading to the instant crime, there are extenuating circumstances, such as the fact that there are some circumstances to consider in light of the circumstances leading up to the instant crime, and the fact that the Defendant has no criminal record for the same kind of crime, and in full view of all other factors such as the Defendant’s age, character and conduct, environment, motive for the instant crime, etc.,

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.