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(영문) 의정부지방법원 2017.01.09 2016고단5177
화학물질관리법위반(환각물질흡입)등
Text

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

Reasons

Punishment of the crime

1. No person who has violated the Chemicals Control Act shall take in or inhale hallucinogenic substances which are chemicals that cause smoking, hallucination, or anesthesia, or possess them for such purposes;

Nevertheless, on November 14, 2016, the Defendant: (a) parked in the DaMoel parking lot located in Spocheon-si, Spocheon-si on 14:00, in Eschiton vehicles owned by the Defendant; (b) opened the lids of fuel through “Spool gas” in the form of hallucinogenic gas, and read finites into finites, and then inhaled the finite gas, which is a hallucinogenic substance, by promptly smoking.

The Defendant inhaled carbon from that to that of the 20th day of the same month in the same manner six times in total, such as the written list of crimes in the attached list of crimes.

2. No driver of any motor vehicle in violation of the Traffic Act shall drive any motor vehicle while the driver is unlikely to drive the motor vehicle normally due to influence of drugs, such as hallucinogenic substances;

Nevertheless, the Defendant, at the time and place described in the foregoing paragraph 1, driven Esch-ton vehicles from about 1 km to the roads front of the 1614 Space Steel, in the condition that the Plaintiff, as described in the foregoing paragraph 1, is likely to inhale but could not drive normally due to the influence of the drugs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each site and photograph of seized articles, each photograph, and discarded photograph;

1. Each protocol of seizure, list of seizure, and evidence of seizure;

1. Each report on investigation;

1. Answers based on each appraisal result;

1. Application of Acts and subordinate statutes to a report on investigation and a statement revoking a license;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 59 subparagraph 6 and 22 (1) (the inhaled points of hallucinogenic substances) of the Chemicals Control Act, Articles 148-2 (3) and 45 of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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