The defendant's appeal is dismissed.

1. The sentencing of the lower court (a fine of five million won) is too large and unreasonable.

2. Determination

A. There are extenuating circumstances, such as: (a) the Defendant has not been sentenced to a fine prior to the 2000-year period of suspension of execution or more; and (b) the Defendant has committed a mistake in depth and again would not drive under the influence of alcohol while breaking out his mind.

B. Meanwhile, the defendant is driving under the influence of alcohol.

Since police officers failed to comply with the request for a drinking test after detection, the responsibility for the crime is not less severe.

In addition, considering the fact that a fine sentenced by the court below was the lowest sentence of punishment in law, the sentence of the court below is reasonable in light of all the sentencing conditions shown in the argument of this case, such as the defendant's age, living environment, family relationship, the circumstances and result of the crime, etc.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.