The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the penalty (five million won of a fine) declared by the court below is too unreasonable.

2. It is true that the defendant has conditions favorable to the defendant, such as the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment except once a fine prior to the crime of this case.

However, in full view of the following circumstances: (a) the Defendant did not comply with a police officer’s request for measurement of alcohol so that the nature of the offense is inferior; (b) the statutory penalty for a violation of the Road Traffic Act (recovering to measurement of alcohol) is imprisonment with prison labor for not less than one year but not more than three years; or (c) a fine not less than five million won but not more than ten million won; and (d) the lower court sentenced the statutory penalty to the maximum amount of punishment; and (e) other circumstances that form the conditions for sentencing specified in the instant case, including the Defendant’s age, character and behavior, environment, family relationship

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