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(영문) 서울북부지방법원 2013.05.09 2013고단718

유해화학물질관리법위반(환각물질흡입)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 29, 2012, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Toxic Chemicals Control Act, etc. at the Jung-gu District Court on February 29, 2012 and completed the execution of the sentence on December 27, 2012.

1. Around March 23, 2013, the Defendant violated the Toxic Chemicals Control Act (hesting hallucinogenic substances) put one earth kick bar containing Toluene, which is a hallucinogenic substance, into a plastic fluor, in a fluoral road in Songpa-gu Seoul Metropolitan Government, and inhales them by means of hiding them over two to three times at the entrance of the fluoral paper.

2. The Defendant violated the Road Traffic Act: (a) around 05:00 on March 24, 2013, at around 06:45 on the same day from the D Park parking lot located in Songpa-gu Seoul, Songpa-gu, Seoul to the road front the 170-1 Myeonndong-dong, Jung-gu, Seoul, the Defendant driven an EYFsi car at the 9km section from around 06:45 on the same day.

After all, the Defendant committed a violation by driving the said car in a state where normal driving is difficult due to the influence of the drug.

Summary of Evidence

1. Defendant's legal statement;

1. Each photograph (Evidence No. 20-24 pages);

1. Records before and after judgment: Inquiry reports, investigation reports (Attachment to judgments on violations of the Toxic Chemicals Control Act and confirmation of the date of release) shall apply to statutes;

1. The provisions of subparagraph 3 of Article 58 of the Toxic Chemicals Control Act, Article 43 (1) of the same Act, Articles 148-2 (3) and 45 of the Road Traffic Act (the point of operating a vehicle while the vehicle is unlikely to drive the vehicle normally due to influence of the drug) and the choice of imprisonment with prison labor for each crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, a punishment is imposed in consideration of all the circumstances, such as family relations, family conditions, growth environment, etc., even though she committed another same kind of crime under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, many criminal offenders were charged with the same kind of crime and was released from the prison;