The judgment of the court below (including the portion not guilty) shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine on the meaning of “a person who has violated Article 44(1) on at least two occasions” under Article 148-2(1)1 of the Road Traffic Act by misapprehending the meaning of “a person who has violated Article 44(1) on at least two occasions” and thereby, found all the charges of violation of the Road Traffic Act due to a drinking driver’s drinking on at least two occasions in each of the instant cases not guilty, and found the Defendant guilty only of the charges of violation of the Road Traffic Act (driving).

B. The sentence sentenced by the lower court to the Defendant (three years of probation, order of observation of protection, and order of community service of 200 hours in October) is too uneased and unreasonable.

2. As to the misapprehension of legal principles

A. Article 148-2(1)1 of the Road Traffic Act provides that “any person who has violated the provisions of Article 44(1) on at least two occasions” under Article 148-2(1)1 of the Road Traffic Act shall be punished by imprisonment with prison labor for at least one year up to three years or by a fine of at least 5 million won, but not exceeding 10 million won, for the following reasons, the term “any person who has violated the provisions of Article 44(1) on at least two occasions” means any person who has violated the provisions of Article 44(1)2 of the Road Traffic Act on at least two occasions, and it is reasonable to deem that he/she has violated the provisions of Article 44(1)2 of the Road Traffic Act on at least two occasions.

Therefore, if only a violation of Article 44(1) of the Road Traffic Act is recognized, it shall be included in the records of violation of Article 44(1) of the Road Traffic Act in the case of a disposition of suspension of indictment or a disposition of juvenile protective disposition due to such violation, and not only in the current criminal trial but also in the case of a disposition or sanction.

(i)..