The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (ten months of imprisonment, two years of suspended sentence, two years of probation, and one hundred and sixty hours of community service order) is too unfford.

2. In the judgment, the fact that the defendant has been punished for the same kind of crime, such as drinking driving, refusal of alcohol measurement, and non-licensed driving (six times of fine and one time of suspended execution). The crime of refusing drinking measurement is a crime with high possibility of drinking driving, and the fact that a strict punishment is required to establish a legal order is disadvantageous to the defendant.

On the other hand, the fact that the defendant is both aware of his own crime and is against the will to not repeat the crime, such as scrapping his own vehicle after the case, and the fact that the defendant seems to have faithfully living even in an economically difficult situation is considered to be favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, character and conduct, family relationship, environment, occupation, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s allegation above is without merit.

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