The appeal is dismissed.

The grounds of appeal are examined.

1. Whether the provisions of the punishment for drunk driving under the Road Traffic Act violate the principle of no punishment due level; and

A. Article 44 of the Road Traffic Act provides for “the prohibition of driving under the influence of alcohol.” Paragraph (1) of the same Article provides that no person shall drive a motor vehicle, tram, or bicycle while under the influence of alcohol, and Article 148-2(1) of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereinafter “Revised Road Traffic Act”) provides that a person who violates Article 44(1) or (2) of the Road Traffic Act on at least two occasions (limited to a person who drives a motor vehicle, etc. or tram) shall be punished by imprisonment with labor for at least two years but not more than ten million won, or by a fine not exceeding twenty million won.

In light of the language and legislative intent of the above provision, “a person who violates Article 44(1) or (2) of the Road Traffic Act not less than twice” should be deemed to include a criminal record in violation of Article 44(1) or (2) of the former Road Traffic Act before June 25, 2019 when the amended Road Traffic Act came into force.

As such, even if interpreted, it does not contravene the principle of non-prosecution of punishment or the principle of prohibition against double Jeopardy (amended by Act No. 10790, Jun. 8, 201; Act No. 10790, Dec. 9, 201; Supreme Court Decision 2012Do10269, Nov. 29, 201). Article 2 of the Addenda of the amended Road Traffic Act provides that the calculation of the number of violations under Articles 82(2) and 93(1)2 of the Road Traffic Act shall be made from June 30, 201 when calculating the number of violations under Articles 82(2) and 93(1)2 of the same Act, while the calculation of the number of violations under Article 148-2(1) is not specifically provided.

Even if there is no starting point of calculating the frequency of violations under Article 148-2(1), only the previous convictions who have failed to comply with the drinking or drinking test after the revision of the Road Traffic Act enters into force.