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수원지방법원 2016.06.22 2016고단1770

A defendant shall be punished by imprisonment for not less than one year and six months.


Punishment of the crime

[Criminal history] On October 13, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of violation of the Control of Substances Act at the Suwon Fics Institute (hicsorting hallucinogenic substances), etc., and completed the execution of the sentence on March 16, 2016.

[2016 Highest 1770] No person shall take in or inhale hallucinogenic substances which cause entertainment, hallucination, or anesthesia.

Nevertheless, between 12:30 on April 17, 2016 and 15:00 on the same day, the Defendant: (a) 201 of the Suwon C’s “Dcom” located in Suwon C; (b) 301 of the “construction folding agents containing Toluene,” which is an hallucinogenic substance, i.e., an industrial crum coke debris “four in a vinyl paper”; and (c) inhaled them at the entrance of a vinyl paper to be filled with nose and humcon.

Accordingly, the defendant inhaled hallucinogenic substances.

[2016 Highest 2389] The Defendant is prohibited from operating a motor vehicle that is not covered by mandatory insurance on the road by anyone who is engaged in driving a motor vehicle of EDa.

On March 17, 2016, the Defendant driven the said car without obtaining a driver’s license of the said car, and came to the point 17.9km between Pyeongtaek-si and the 17.9km in Pyeongtaek-si-Yan Highway, which was located in Pyeongtaek-si Port, and turned to the speed of about 80 km per hour at the speed of about 80 km between the three-lanes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to clearly see the front side and accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, at the time of the defendant's negligence of operating the above car with hand, the defendant 1 took the back part of the driver's seat of the victim Franchising the three-lane from the front section of the defendant's vehicle at the time of the driver's negligence, and damaged the victim's truck by taking the back part of the driver's seat of the defendant's car even with the driver's seat of the defendant.

Summary of Evidence