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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On November 28, 2012, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on November 28, 201, and the said sentence became final and conclusive on April 19, 2013.

【Criminal Facts】

1. The Defendant, who violated the Act on the Control of Narcotics, etc. (flavoring), administered and carried psychotropic drugs-related Metephacule (i.e., one philopon; hereinafter “philopon”) as follows, even though he is not a person handling narcotics.

At around 02:00 on April 15, 2013, the Defendant administered philophones by drinking around 0.03g of philophones at the 205 room in Gangdong-gu Seoul Metropolitan Government “Dmophones” in Gangdong-gu Seoul.

B. On April 17, 2013, around 02:10 on April 17, 2013, the Defendant possessed a philopon by putting two philop 0.1g and 0.04g respectively into the Australian machine, which is operated by the Defendant’s operating the front road of Gangnam-gu Seoul Metropolitan Government. The Defendant carried a philopon by putting two philop 0.1g and 0.04g respectively.

2. The Defendant violated the Road Traffic Act: (a) even though the Defendant was under the condition that he could not drive a motor vehicle normally due to the influence of the administration of philopon as prescribed in Article 1(a), on April 17, 2013, the Defendant driven a GNpon vehicle at the section of approximately 8km from the front of the F apartment in Gangdong-gu Seoul, Seoul, Seoul, to the front road of Gangnam-gu, Seoul, at around 02:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Written replys to requests for appraisal;

1. Records of seized articles, suspect photographs, or entry and exit of Ftels;

1. Each investigation report (Evidence list 19,20,22,30);

1. Previous records before judgment: Criminal records, replys to inquiries, investigation reports (Evidence List 28), application of Acts and subordinate statutes on defendant's legal statement;

1. Relevant Article of the Act on the Control of Narcotics, etc., Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., Articles 148-2 (3) and 45 of the Road Traffic Act, the choice of imprisonment for a crime;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;