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(영문) 부산지방법원 2015.07.24 2015고단2638
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 4, 2013, the Defendant was sentenced to one year and two months for the violation of the Act on the Control of Narcotics, Etc. in Busan District Court on July 4, 2013, and completed the execution of the sentence in the official prison on March 9, 2014.

Around May 1, 2015, the Defendant administered 0.05g of psychotropic drugs, etc., on a coffee, at the mutual influorite conference room located in the south-dong of Busan Young-gu, Busan, on May 1, 2015, the Defendant administered approximately 0.05g of psychotropic drugs, etc. on a coffee.

around 03:40 on May 3, 2015, the Defendant driven Cexton vehicle without obtaining a driver's license on the section of about 4km from the roads near the Dong Police Station located in the Dongdong-dong, Busan to the entrance of the international passenger terminal located in the Central Port, Jung-gu, Busan around 04:40 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A letter of the time of a urine test and a criminal investigation report (MET training reaction);

1. Seizure records;

1. Reports on traffic accidents and written statements on the occurrence of traffic accidents;

1. Previous convictions on the ledger of driver's licenses: Application of Acts and subordinate statutes making inquiries about criminal records and depreciation records;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending sentence] medication, simple possession, etc., of the category 3 (1 to 3 years) (1 to 3 years) of the aggravated area (1 to 1 year) of the Act on the Control of Narcotics, Etc. (1 to 3 years of a special person] of the same previous offense (2 to 3 years of a suspended execution) and violation of the Road Traffic Act (2 to 3 years of a suspended

[Determination of sentence] The defendant has already been punished for a crime related to the same phiphonephone, and the defendant is again punished for a repeated crime of the same crime.

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