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(영문) 광주지방법원 2011.11.09 2011고정1797

의료법위반

Text

The punishment of a fine of KRW 700,000 shall be determined against the accused.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a medical doctor in charge of operating the Gwangju Northern-gu C Hospital.

No person, other than a doctor who directly engages in medical service, and has conducted a diagnosis or examination, shall prepare a medical certificate, autopsy report, certificate or prescription, and deliver or dispatch it to a patient.

Nevertheless, on June 4, 2008, the Defendant received D calls from the medical examination room of the above hospital, and asked whether there was a separate problem, and asked whether there was a separate problem. The Defendant confirmed that there was no problem between the victim and confirmed that there was a telephone call, and then made a telephone call, and without directly reviewing D, made a prescription and without directly examining D.

Until February 8, 2011, the Defendant, in addition to this, issued a prescription by the same method 13 times in total, as indicated in the list of crimes in the attached list of annexed crimes, without directly examining only the aforementioned D or its private village E and the telephone, and without directly examining it, and issued the prescription by the method of using the name infinite, who is in the heart of Kwikset Services.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, D, G, and E;

1. Medical records;

1. Application of Acts and subordinate statutes to investigation reports (verification of D and E medical statements);

1. Articles 89 and 17 (1) of the Medical Service Act for the relevant criminal facts;

1. Selection of an alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to Article 334(1) of the Criminal Procedure Act, even a doctor engaged in medical service may issue or send a prescription (including an electronic prescription) to a patient (if the patient dies, his/her spouse, lineal ascendants or descendants, or lineal ascendants or descendants) only when he/she directly conducted a medical examination.

However, the current medical law is a medical person.