(영문) 서울동부지방법원 2014.11.28 2012고합323

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(영문) 서울동부지방법원 2014.11.28 2012고합323

보건범죄단속에관한특별조치법위반(부정의료업자)등

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A defendant shall be punished by imprisonment for a year and a fine of KRW 500,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Around 10:00 on June 19, 2009, the Defendant violated the Act on Special Measures for the Control of Public Health Crimes (illegal Medical Service Providers) committed a business of dental treatment without obtaining KRW 500,000 in return for the issuance of three above fins on the left side by using the fins and fins, injection equipment, etc., although he/she was not a medical person but a person is not a medical person at the D's house located in Gwangjin-gu Seoul Special Metropolitan City.

2. Around 20:10 on January 12, 2012, the Defendant driven a Dap car under the influence of alcohol concentration of 0.165% without obtaining a driver’s license from the front side of the Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, Seoul to the 371-1rd road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on the results of crackdown on drinking driving and the register of driver's licenses;

1. Application of sales slip Acts and subordinate statutes;

1. Article 5 Subparag. 1 of the former Act on Special Measures for the Control of Public Health Crimes (amended by Act No. 10579, Apr. 12, 201); Article 27(1) of the Medical Service Act (amended by Act No. 10579, Apr. 12, 201); Article 150 Subparag. 1 and Article 44(1) of the Road Traffic Act; Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of punishment for a crime of violation of the Act on Special Measures for the Control of Public Health Crimes at the option of punishment; the punishment shall be imposed concurrently by a fine; and the punishment for a crime of violation of the Road Traffic Act shall be imposed concurrently;

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

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

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

1. Article 62 (1) of the Criminal Act;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.