The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of eight million won) declared by the lower court is too unhued and unreasonable.

2. The Defendant had a record of having been punished several times for the same kind of case, and again committed the instant crime during the suspension period of execution due to drinking and driving without license.

As there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol, the nature of the crime is hot since he did not comply with the demand of a police officer to respond to the alcohol level without justifiable grounds.

However, the defendant has no record of punishment exceeding the suspended sentence, and has not committed the crime of this case in depth and has not committed the crime of this case.

The defendant works for daily use, supports the mother of 88 years of age, and seems to live faithfully except drinking and unauthorized driving.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the court below is too uneasible.

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.