The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and two months of imprisonment, two years of suspended sentence, and 40 hours of an order to attend a law-abiding driving course) is too uncomfortable and unfair;

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(2) According to the reasoning of the lower court’s judgment, the lower court did not have any particular change in the sentencing conditions in the instant case, compared to the lower court’s judgment. In so doing, it is not recognized that the lower court’s punishment is too unfilled and goes beyond the reasonable scope of discretion, in full view of the following: (a) the developments leading up to and circumstances of refusing to measure a traffic accident and alcohol level; (b) the degree of damage to the victims of the traffic accidents; and (c) the punishment for refusing to measure a alcohol level; (d) the police officer repeatedly committed the same offense only once every one year despite having been punished by a fine; (e) the police officer’s abusiveing, etc.; (e) the process leading up to the refusal to measure a alcohol level; (e) the fact that a motor vehicle comprehensive insurance was subscribed for and the victims are not wanting to have the Defendant punished

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.