The prosecutor's appeal is dismissed.

1. The lower court’s sentence against the Defendant on the gist of the prosecutor’s appeal is too unfasible and unreasonable.

2. The crime of this case, based on the judgment, is likely to be punished by the police officer after receiving a report on driving after drinking alcohol, and refuses a police officer's request for the measurement of drinking alcohol without any justifiable reason, and the defendant's unfavorable conditions are acknowledged, such as the crime's liability is not to be mitigated in light of the contents of the crime.

However, it is reasonable to respect the determination of sentencing in our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). The unfavorable circumstances against the above recognized defendant do not constitute a special change in circumstances that could change the sentence of the lower court after the sentence of the lower court was sentenced, and it does not seem unfair by taking into account the following circumstances, which are the conditions of sentencing specified in the argument of the instant case, such as the Defendant’s age, sex, and environment.

3. 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 without merit. It is so decided as per Disposition.