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(영문) 광주지방법원 해남지원 2018.12.06 2018고단374

응급의료에관한법률위반등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On September 18, 2018, the Defendant violated the Road Traffic Act (drinking driving) driving a vehicle with G mother-non-car at approximately KRW 1km from the direction of D in front of the way in the south Sea-gun C before South, South, under the influence of alcohol content of at least 0.084% in alcohol during blood transfusion at around 04:00 to the front of the F hospital emergency path in South, South, west-gun E.

2. No person who violates the Emergency Medical Service Act shall interfere with the rescue, transfer, emergency treatment or medical treatment of an emergency patient by persons engaged in emergency medical services by means of violence, intimidation, deceptive scheme, threat or other means, or destroy, damage, or occupy medical facilities, equipment, medicines, or other objects for emergency medical services of a medical institution, etc.;

On September 18, 2018, at the F Hospital emergency room located in Namnam-gun E on September 18, 2018, the Defendant: (a) performed time with respect to the victim I’s attitude of treatment of the private person on duty of the above emergency room serving in the emergency room along with the patient H’s post line; and (b) whether the victim’s defects without the doctor’s opinion at one time; (c)

In this case, the gushes the victim's desire to be "," and the victim's emergency medical service was obstructed by assaulting twice the victim's left side by assaulting him/her on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, H, J, and K;

1. Each related photograph;

1. Documents related to the report of 112 cases;

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), Articles 60 (1) 1 and 12 of the Emergency Medical Service Act (the point of interference with emergency medical services), and selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the maximum term of the punishments prescribed in each crime is aggregated);

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

1. To provide community service and attend lectures under Article 62-2 of the Criminal Act;