logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.08.16 2013고단2387
업무상과실치상
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 12, 2013, the Defendant: (a) as a dentist operating the Daejeon Dong-gu Seoul Special Metropolitan City’s 3rd floor “E Hospital; (b) performed dental procedures, such as cryp, etc.; and (c) on March 12, 2013, at E Hospital, performed a cryp operation for the victim F. (the age of 69) on the right side against the victim F. (the age of 69).

Since a patient subject to crypt treatment is infarcing and farcing the patient's body, darcing and making the procedure into the patient's body (2 cm in total length, 7m in diameter) is infarcing or eating the patient's body due to the size of the darcing and infarcing the patient's body, a dentist conducting crypt treatment has a duty of care to prevent darcing from falling off the patient's body by darcing the darcing and using the darc, and to ensure that the darc enters the patient's body, he/she has a duty of care to immediately check the patient's body, such as X-ray and CT photographing, and to prevent medical accidents by having the patient undergo the procedure for removing darcs, etc.

The Defendant neglected the duty of care in the course of performing such duties and caused the Defendant to suffer injury to the victim of the non-displacement of the treatment period due to the negligence of leaving the dracker while running the procedure with the dracker, leaving the dracker down the body of the victim, and failing to take any measures against the dracker, thereby causing the victim to suffer injury of the non-displacement of the treatment period.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

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

1. Article 334(1) of the Criminal Procedure Act provides that normal victims who are disadvantageous to the reason for sentencing of the provisional payment order are elderly, there is no record of criminal punishment favorable to the victim's intent to punish the victim, and the degree of serious reflective injury is not more severe, and the victim actively endeavored to recover damage from the crime immediately after the crime committed.

arrow