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(영문) 인천지방법원 2021.03.26 2020고단9650

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant of "2020 Highest 9650" is not a person handling narcotics.

1. On October 27, 2019, the Defendant paid KRW 100,000 to C in front of Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, and purchased approximately 0.03 g of Melopon (one philopon; hereinafter referred to as "philopon"), a local mental medicine, and traded a philopon.

2. On July 2020, the Defendant administered philophones by melting phiphones purchased at a lodging room located in Songpa-gu Seoul Metropolitan Government, as described in paragraph 1, into water.

On April 29, 2008, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for the same crime at the Incheon District Court on August 24, 2009. On August 23, 2010, the Defendant was issued a summary order of KRW 2,50,000 as a fine for the same crime at the same court on August 23, 2010. On February 18, 2016, the Defendant was issued a summary order of KRW 8,00,000,000 as a fine for the same crime.

[Criminal facts] On November 26, 2020, at around 20:46, the Defendant driven Hone Star Fex vehicle under the influence of alcohol concentration of about 0.046% from the F market parking lot located in Dongjak-gu Seoul Metropolitan Government to the roads of the same Gu from approximately 1.5km to the roads of the same Gu.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

“200 Highest 9650”

1. In case of a criminal defendant's legal statement C, the police's protocol of seizure, list of seizure, appraisal, response to data for confirmation of confirmation of communication of the fact of communications, data from analysis, guidance and investigation report on the place of crime (report on the calculation of additional collection charges) related to the place of crime: The criminal defendant's statement on the situation of his/her driver who is placed in the court statement of 2020 Highest 11228 Highest 20 highest 20 highest 1120 highest 20 highest

1. Article 60 of the Act on the Management of Narcotics, Etc., which constitutes a crime and Article 60 of the Act on the Management of Narcotics, etc., which is the choice of punishment.