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(영문) 창원지방법원 진주지원 2017.10.20 2017고단593
화학물질관리법위반(환각물질흡입)등
Text

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

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

Reasons

Punishment of the crime

1. No person shall inhale hallucinogenic substances in violation of the Chemicals Control Act;

At around 20:00 on June 30, 2017, the Defendant: (a) placed the Defendant’s CK5 passenger toilets in Jindo, Jindo, Jindo, Jindo, 29-16 in a white vinyl; (b) placed in a white vinyl croke, which includes hallucinogenn substances, in a white plastic paper; (c) covered the Defendant’s entry and cocode with the given plastic paper, covered the air by the Defendant, and inhaled the hallucinogenn substance.

2. No person who violates the Traffic Act shall drive a motor vehicle, etc. while he/she is unlikely to drive the motor vehicle normally due to influence of drugs;

On June 30, 2017, around 20:15, the Defendant driven CK5 cars in a state where it is unlikely to drive normally due to the influence of inhaleing Toluene, which is a hallucinogenic substance, at approximately 6km from the Do in front of the 29-16 pin air toilets, Jinju-si, Jin-si, Jin-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. A report on investigation;

1. On-site photographs;

1. Application of the statutes of the response request for appraisal;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 59 subparagraph 6 and 22 of the Chemicals Control Act, Article 148-2 (3) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Violation of the provisions of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment provided for in the crime of inhalement of hallucinogenic substances in the opinion of more severe circumstances) of the said Act;

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

1. The Defendant, on April 2, 2015, issued a summary order of KRW 2 million for a crime of violation of the Toxic Chemicals Control Act at the Jinwon District Court's Jinwon District Court's Jinwon District Court's order on April 2, 2015, and on October 30, 2015, issued a summary order of KRW 3 million for the same crime at the same court.

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