The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Article 2 of the Addenda of the Road Traffic Act (Act No. 16037, Dec. 24, 2018) provides that when calculating the frequency of violations under Article 82(2) and Article 93(1)2 of the Road Traffic Act, the number of violations shall be calculated after June 30, 201. On the other hand, the calculation of the frequency of violations under Article 148-2(1) does not provide for the calculation of the frequency of violations. Therefore, Article 148-2(1) of the amended Road Traffic Act shall apply only where a person drives a motor vehicle on or after June 25, 2019, in which the statutory penalty is raised, by adding up “number of violations on or after the enforcement of the amended Road Traffic Act.”

Although the defendant was punished for driving under the influence of alcohol in the past, all of them were punished before June 25, 2019, it should not be included in the number of violations of Article 148-2 (1) of the revised Road Traffic Act.

B. The lower court’s sentence of unreasonable sentencing (one year and four months of imprisonment) is too unreasonable.

2. Determination

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 prison labor for at least five years but not exceeding 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” includes a criminal record in violation of Article 44(1) or (2) of the former Road Traffic Act before June 25, 2019.