The appeal by the prosecutor is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the court below’s sentence (in 8 months of imprisonment and 2 years of suspended sentence) is deemed to be too uneasy and unfair.

2. The judgment of the defendant has already been punished twice due to drinking, but he/she refused to take a measurement of the police's drinking without any justifiable reason even while driving a motor vehicle without a driver's license, and the current Road Traffic Act provides that a person who has violated the prohibition of drinking at least twice shall be punished more strictly. In the case of refusal to take a measurement of drinking, even if he/she violates the prohibition of drinking at least twice, the statutory punishment shall be the same as that of the prohibition of drinking at least twice, and the same shall be strictly punished.

However, in full view of all the sentencing conditions, including Defendant’s age, sexual conduct, environment, motive, means and consequence, etc., the suspension of execution of sentence against Defendant’s imprisonment with prison labor and an incidental disposition ordering the attending of social service and compliance driving to the extent that the sentence of the lower court is too unreasonable, in so far as the sentence of the lower court ordering the attending of social service and compliance driving is reversed.

3. The appeal by the prosecutor of the conclusion 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.