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(영문) 광주지방법원 해남지원 2016.06.30 2016고단76
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is also a person who is engaged in driving a sports cargo vehicle.

On October 5, 2015, from around 20:30 to 22:00, the Defendant stated that the facts charged for taking ethyl 10mg 3 pins containing stroke m containing stroke-type drugs at “E-cafeteria” located in Jindo-gun located in Jindo-gun, Namnam-do, were melting “10mm 5m stroke and 1m 5m stroke, and 2m stroke.” However, the Defendant revised the facts charged within the scope recognized by the evidence duly adopted and investigated by the court as “3m sethyl stroke 10mm stroke.”

On October 6, 2015, at around 00:00, the said car was operated from the above restaurant to the front of the defendant's residence in Jindo-gun F, Jindo-gun.

Accordingly, the defendant was driving a motor vehicle under the condition that he could not drive a motor vehicle normally due to drugs.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of persons involved in each traffic accident of G, H and I;

1. Drug information, such as side effects, etc. on ethyl ethyl salt, such as a notice on taking drugs, ethyl oxide, and master ethyl acid;

1. On-site photographs, drug intensity at the scene of a traffic accident, and drugs and photographs of suspects;

1. Application of Acts and subordinate statutes to an investigation report (on the spot conditions, etc.), an investigation report (including confirmation of “psychotropic drugs” to the ethyl he/she takes the ethyl he/she was, and submission of relevant data, etc.);

1. Articles 148-2, 148-2, 3, and 45 (Occupancy of drugs) of the Road Traffic Act concerning facts constituting an offense, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding orders to attend lectures and orders to provide community service

1. The argument that the defendant used ethyl melting and driving the ethyl compound, which is a local telegraphic medicine, is recognized, but there is no evidence of reinforcement in addition to the confession of the defendant as to the taking of the above drug, and the taking of the local mental medicine is as well.

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