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(영문) 수원지방법원 성남지원 2017.02.08 2016고정516

응급의료에관한법률위반

Text

Defendant

A corporation shall be punished by a fine of one million won.

In order to order the provisional payment of an amount equivalent to the above fine.

Defendant .

Reasons

Punishment of the crime

A person who intends to engage in the business of transporting emergency patients shall obtain permission from the competent Mayor/Do Governor with facilities, etc. prescribed by Ordinance of the Ministry of Health and Welfare, and where he/she intends to engage in such business at least two Cities/Dos, he/she shall obtain permission from the competent Mayor/Do Governor for each City/Do.

In addition, Defendant B was unable to operate in other areas by obtaining a transport business license only in Gyeonggi-do.

Nevertheless, on March 10, 2015, the head of Ansan Branch E, an employee of the above defendant, transferred the patient G to the above defendant's special first-aid vehicle in the name of the above defendant from Guro-gu Seoul, Guro-gu, Seoul, and received KRW 120,000 in return.

Accordingly, E, an employee of the above defendant, was engaged in the transfer business without obtaining permission from the competent Mayor/Do governor.

Summary of Evidence

1. Each legal statement of the witness J and K;

1. A witness E or L partially legal statement;

1. Statement made to A by the police;

1. Each accusation;

1. A place where the first-aid service is to be operated, a place where the dispatch and treatment is recorded, and a receipt for the transport treatment;

1. The entire certificate of registered matters (the defendant corporation B and the defense counsel, who is an employee of the defendant, has given considerable attention and supervision to prevent such violation;

The argument is asserted.

However, according to the evidence of the court below, although the above defendant's representative at A's meeting of the branch office held once a month requested attention to prevent illegal acts such as transfer of other areas, the defendant's attendance at the branch office was not forced, and E, the head of the branch office within Ansansan, appears not to have been present at the branch office meeting, and stated that there was no separate education about illegal acts from J, K's head office, or the head of the branch office within Ansansan, etc., the defendant should prevent illegal acts such as transfer of other areas.