The appeal is dismissed.

The grounds of appeal are examined.

Article 148-2 subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) are amended by Act No. 9580, Apr. 1, 2009; and it is clear that Article 10790, Jun. 8, 201, which was amended by Act No. 10790, Dec. 9, 201, has been maintained as it was until the enforcement of the Act.

Therefore, it is reasonable for the lower court to maintain the first instance court to which Articles 148-2 subparag. 1 and 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) apply to the drinking driving among the facts charged in the instant case.

Contrary to the allegations in the grounds of appeal, there is no error in the application of statutes.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.