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(영문) 서울북부지방법원 2016.06.17 2016고단1733
화학물질관리법위반(환각물질흡입)등
Text

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

Reasons

Punishment of the crime

[Criminal Records] The case: The content of the judgment in violation of the Chemicals Control Act (Intoxication of hallucinogenic substances) declared by the Seoul Central District Court on September 10, 2015: Imprisonment with prison labor for eight months, suspension of execution, two years, observation of protection, and completion of an order to attend a course: Finality of September 18, 2015 [criminal facts]

1. No person who violates the Chemicals Control Act shall take in or inhale any chemical substance that causes smoking, hallucination, or anesthesia;

A. On May 5, 2016, from around 18:00 to 23:00 on May 5, 2016, 2016, the vehicle driven at the Seongbuk-gu Seoul, Seongbuk-gu, Seongbuk-gu, Seoul, and CM car, and divided into five parts of butane gas into five parts, and inhales carbon gas from two parts.

B. On May 7, 2016, from around 06:00 to around 07:40 on May 7, 2016, 2016, the vehicle driven at the Seongbukbuk-gu Seoul, Seongbuk-gu, and CM car, while driving the vehicle, divided into two injections of butane gas into two injections, and inhaled carbon gas into two parts.

2. Violation of the Road Traffic Act;

A. On May 5, 2016, the Defendant, around 22:00 on May 5, 2016, driven a CM3 car under the condition that the Defendant inhaled but could not drive normally due to drugs, such as paragraph 1-A, at around the “E hotel located in Dobong-gu Seoul Metropolitan Government D”).

B. On May 7, 2016, the Defendant, around 07:40 on May 7, 2016, driven a CM3 car under the condition that he/she could inhale but could not drive normally due to drugs, such as paragraph 1-B.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 59 subparagraph 6 and 22 (1) of the Toxic Chemicals Control Act, Articles 148-2 (3) and 45 of the Road Traffic Act, and imprisonment with prison labor under influence of drugs;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes is the basic aggravation of the classification of types.

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