The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in six months of imprisonment) is unfair because it is too unfasible.

2. The Defendant again committed the instant crime of refusing to measure drinking, even though he/she had been punished several times for the same offense, such as driving of drinking, refusing to measure drinking, etc.

However, in full view of the following factors: (a) the Defendant recognized the facts charged; (b) the timing and frequency of punishment for committing a crime of refusing drinking or refusing drinking; (c) the Defendant’s age, sex, environment, circumstances leading to the commission of the crime; and (d) the circumstances after the commission of the crime, etc., the lower court’s sentence is deemed unreasonable and unreasonable.

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.