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(영문) 대구지방법원 2014.02.06 2012고단7365

업무상과실치상

Text

Defendants shall be punished by imprisonment without prison labor for eight months.

Reasons

Punishment of the crime

Defendant

A is a child care teacher as a member of the F Child Care Center in Daegu Dong-gu E, and the defendant B is a child care teacher in charge of two years of age in a child care center.

At around 12:10 on April 16, 2012, F Child Care Center children were suffering from an accident that prevents the breath of the boomdo, Daegu-dong Undong-gu, Daegu-dong-gu, and the breath of the 2 years old-gu, G (WW), who was the 2 years old-gu, was the breath of the breath of the breath of the breath of the breath of the b

The Defendants, as child-care center childcare teachers, have the duty of care to take appropriate measures, such as taking emergency measures to ensure that young children can easily drink if they are in a short-term manner due to their well-being of food brought about by young children, and at the same time taking emergency measures to ensure that they can receive emergency relief from specialized emergency rescue staff by immediately communicating with 119.

Nevertheless, the Defendants neglected this and did not look at whether the victim drinks, but did not take an appropriate emergency measure for about 20 minutes without making a direct report to the victim 119.

As a result, the Defendants caused the injury of brain and mixed water by occupational negligence to the victim, and caused the death of the victim in the I Hospital located in Daegu-gu, Daegu-gu on April 13, 2013 due to low oxygen brain damage, etc. while having the victim receive medical treatment.

Summary of Evidence

1. Each of the Defendants’ respective legal statements made by J, K, L, M and N, and each of the legal statements made by P and P

1. Entry of the Defendants in part of each protocol concerning the interrogation of suspects by the prosecution

1. A department in charge of emergency medical treatment and emergency medical services;

1. Application of Acts and subordinate statutes to opinions and death medical certificates;

1. Determination of the pertinent Article of the Criminal Act and Articles 268 and 30 of the Criminal Act regarding criminal facts, and the Defendants and their defense counsel’s arguments.