The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the imprisonment of six months, the suspended sentence of two years, the community service order 40 hours, the order to attend a law enforcement lecture 40 hours) imposed by the court below is too uneasible and unreasonable.

2. Since the defendant refused to take a measurement of drinking by a police officer, which caused a traffic accident in which a physical damage occurred, the nature of the crime is not weak;

However, when comprehensively considering the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, and that the defendant has no record of punishment since 1998, and all of the sentencing conditions in the instant case, such as the defendant's age, sex, environment, circumstances of the crime and circumstances after the crime, etc., the sentence of the court below is too uneasible and unfair.

Therefore, the prosecutor's above assertion is without merit.

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.