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(영문) 창원지방법원 마산지원 2016.07.05 2016고단198
마약류관리에관한법률위반(향정)등
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

Each of the Defendants’ KRW 200,000, respectively.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to three years of imprisonment for a violation of the Narcotics Control Act at the Seoul Western District Court on March 14, 2013 and completed the execution of the sentence on October 16, 2015.

Defendant

B On August 29, 2013, the Incheon District Court sentenced ten months to a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on January 15, 2014.

[Criminal facts]

1. Defendant A

A. The Defendant is not a narcotics handler.

1) On March 1, 2016, at around 03:00, the Defendant administered approximately 0.03 g of clocks (one philophone; hereinafter “philophones”) one time, which is a psychotropic mental medicine, in the house located in Changwon-si Member E in Changwon-si, Changwon-si, and then administered them by dilutioning approximately 0.03 g of drinking water.

2) The Defendant received approximately 0.03g of philophones to B free of charge at the date, time, and place described in paragraph 1-A (1).

3) On March 2, 2016, the Defendant, at around 20:20, administered the 711st heading room of G Hospital, located in F in Changwon-si, Changwon-si, Changwon-si, by dilutioning approximately 0.03g of philopon per phil, which is a psychotropic medicine, into the blood colon, using a disposable injection device.

B. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person driving H rocketing car.

On March 2, 2016, the Defendant driven the above car at around 07:30, and driven the car at a speed of about 60km from the direction of the small-line square to the synthetic speed of about 4 lanes in front of Korean power located in the Changwon-si, Yongsan-si.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the car line.

Nevertheless, the Defendant, while driving a stroke by driving it at a stroke, was negligent in strokeing the central line on which a stroke is installed, leading the Defendant to the front of the other car.

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