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(영문) 수원지방법원 평택지원 2016.10.27 2016고단770
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. The Defendant is not a person handling narcotics, etc.

Around 13:00 on February 15, 2015, the Defendant injected approximately 0.05 g (one-time medication) of psychotropic drugs at an unmanned telephone located in Asan City D, by inserting them into a single-use injection machine for psychotropic drugs, and then inserting them into the right arms after dilution with aquatic organisms.

B. On October 2015, the Defendant, at the Defendant’s house located in Pyeongtaek-si E or 213, put about approximately 0.03 g (one-time medication) in a single-use injection machine, and then injected them once by dilutioning aquatic plants.

2. Around 20:20 on February 24, 2016, the Defendant violated the Road Traffic Act (driving) operated a F Capitaling Vehicle on the front of the Korea Agricultural Association of the Korea Agricultural Association, which is located in the 43-lane 9 in Pyeongtaek-si Spoon-ro 43-gil, while under the influence of alcohol with a blood alcohol concentration of 0.165%.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A narcotics appraisal statement;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts, the Selection of Punishment, and the Selection of Imprisonment for Punishment, respectively; Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentence of imprisonment is inevitable in light of the fact that the defendant, for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., recognized the crime and is divided into crimes, lives in the workplace and supports his mother, even if considering the fact that the defendant, who has already been sentenced to the suspension of the execution of imprisonment for 2012 due to the administration of scopphone, has repeatedly administered scopphones in 2015.

All the circumstances of each medication and the crime of drunk driving, the attitude of the defendant after the crime, etc.

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