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(영문) 대구지방법원 안동지원 2015.07.24 2015고단29

업무상과실치상

Text

Defendant

A shall be punished by imprisonment without prison labor for six months, and by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

Defendant

A is the person in charge of the management of medical devices and facilities kept in the hospital as the head of the F Hospital located in Ansan-si, and the defendant B is the assistant nurse who cares for the newborn baby as the head of the newborn baby team of the above hospital.

Defendant

B B From around 03:00 on September 6, 2014 to 06:00, the victims were placed on the floor of the new-born baby room located on the fourth floor of the above hospital in order to find out the newborn baby (here, one day after birth) of the victim G, the newborn baby (the second day after birth) of the victim H, and to maintain the physical temperature.

The victims are newborn babies with one to two days after they cannot act for themselves and express their opinions. In such a case, the defendants shall use a medical device manufactured for newborn babies, such as documentaryer, infant temperature device, and radiation temperature, if necessary, and shall not use the electric strawer produced for adults who are likely to use images, and even if the strawer is used for maintaining the physical temperature of the strawer, they shall have a duty of care to check from time to time whether the operation of the strawer, the appropriateness of the temperature, etc. of the strawer, and to check the situation of the victims.

Nevertheless, the Defendants neglected to do so, and Defendant A did not take safety measures, such as repairing the eurber, or prohibiting the use of the eurbratator, despite being aware of the fact that the eurbratator was installed on the floor of the eurbratter and used for the purpose of maintaining the ebratization of the ebratator. Defendant B put the victims into the floor of the ebratator where the ebratator was installed on September 6, 2014, without confirming the operation of the ebratator, and then up to 06:00 on the same day, laid the ebratator below the body of the victims.