A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On April 17, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Incheon District Court on July 22, 201, a summary order of KRW 1.5 million for the same crime at the same court on July 22, 2010, and a summary order of KRW 4 million for the same crime at the same court on November 11, 2010, respectively.

【Criminal Facts】

On September 7, 2019, at around 01:30, the Defendant driven a C vehicle that was parked in a state of alcohol alcohol concentration of 0.228% at the underground parking lot of the first floor of the building B in Kimpo-si, Kimpo-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

[Defendant and defense counsel asserts that Article 148-2(1) of the Road Traffic Act shall apply to cases where a person violates more than twice before the punishment becomes effective after the amendment and enforcement of the Act. Article 1 of the Addenda of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) provides that the Road Traffic Act shall enter into force on the date six months have elapsed after its promulgation. Articles 82(2) and 93(1)2 of the Addenda of the Road Traffic Act (Articles 82(2) and 93(2) apply to the first person who violates Article 44(1) or (2) after the enforcement of this Act, and the calculation of the frequency of violations shall be made on or after June 30, 201. However, Article 148-2(1) of the Road Traffic Act does not limit the frequency of violations.

On the other hand, in practice, Article 148-2 (1) of the Road Traffic Act provides that a person who has violated Article 44 (1) or (2) of the same Act not less than twice. Since Article 44 of the Road Traffic Act provides for the prohibition of driving under the influence of alcohol after the whole amendment on May 31, 2005, it violates two times or more after the enforcement date.