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(영문) 수원지방법원 안산지원 2014.06.03 2014고단966

유해화학물질관리법위반(환각물질흡입)등

Text

A defendant shall be punished by imprisonment for not less than eight years.

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

Reasons

Punishment of the crime

1. Around 11:10 on April 21, 2014, the Defendant was driving the DCA110V Traba in the section of approximately 2.8 meters from the front of the Defendant’s house located in Ansan-si C with a blood alcohol concentration of 0.111%, to the Plaintiff remaining park located in the same Gu as the Plaintiff remaining park of approximately 51 meters from the front of the Defendant’s house located in Ansan-si.

2. Around 11:20 on April 21, 2014, the Defendant inhaled hallucinogenic substances for about 15 minutes, by putting a nice for craft containing Toluene ingredients into a plastic string at the entrance of the given plastic string, a hallucinogenic substance, into a plastic string, and breathizing them at the entrance of the given plastic string.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. On the spot and photographs of seized articles;

1. A written appraisal;

1. Application of Acts and subordinate statutes to investigation report (suspect A's blood alcohol concentration trend);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), subparagraphs 3 of Article 58 and Article 43 (1) of the Toxic Chemicals Control Act (the point of inhaleing hallucinogenic substances), and choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Consideration of the fact that the defendant is against his/her will, the details of his/her parents' carbon sources

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;