beta
(영문) 광주지방법원 순천지원 2016.06.02 2015고단323

업무상과실치상

Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 2013, the Defendant operated E Council members from Macheon City D.

At around 17:40 on April 10, 2014, the Defendant injected the dilution amount (0.5%) 3 to 5cccs, which is a national anesthesia, on the left-hand side of the victim F (Y, 52 years old) who complained of the shoulder pain, 56 years old, the left-hand shoulder, and the left-hand shoulder, on the scopic dilution on the scopic and extreme full-time part-time part-time part-time part-time.

If injection into or in a large quantity with wrong location, the toxicity may cause a fatal damage to the cardio-cerebral relationship or the new boundary due to its toxicity, and thus, the defendant engaged in medical services has a duty of care to immediately verify awareness when there is abnormal signs on the body of the patient due to the side effects of ricars, and to perform cardio-pulmonary resuscitation in the course of securing the instrument and taking oxygen into custody. The cardio-pulmonary resuscitation is conducted by means of pressure on 10 times or more per minute in depth at least 5 cm.

Nevertheless, the Defendant neglected this and caused damage to low-carbon brain by transferring the victim to G hospital at 18:15 on the same day, instead of immediately inserting oxygen despite the victim's omission in the state of algosia due to side effects of algosia. However, the Defendant neglected it and caused damage to low-carbon brain by transferring the victim to the G hospital.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness H;

1. Part concerning the witness I's statement in the fourth public trial protocol;

1. Partial descriptions of an appraisal statement;

1. Emergency medical certificate and clinical records of an emergency medical center;

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

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. Determination as to the defense counsel’s assertion under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1)

1. The assertion of a defense counsel;