logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.12.22 2016고단5902
업무상과실치사
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

The defendant is a staff member of the C Hospital in Jung-gu, Seoul, who is in charge of the duties, such as identifying the identity of the recipient when the patient is inside the emergency room, taking the procedures for receipt, and informing the patient to the emergency room.

On August 8, 2014, at around 04:15, the Defendant complained of a sudden return and wrong return while working in the emergency room of the above C Hospital, and had the victim D (57 tax) sent to the emergency room of the above C Hospital by the 119 emergency staff.

In such cases, the defendant, who is the chief executive officer and employee, had a duty of care to promptly confirm the identity of the recipient and to guide the patient to the emergency room after undergoing the procedures for receipt.

Nevertheless, the Defendant, in breach of such duty of care, determined that a victimized person was not in an emergency, and instead, did not receive medical treatment from the victim on the ground that he was in the state of being in the state of being in the state of being in the state of being in the state of being in the state of being in the state of being in an emergency, and was unable to receive medical treatment until he was in the state of being in the state of being in the state of being in the state of being in the state of being taken, and was unable to receive medical treatment by cancelling the receipt of the emergency room for the victim, and

Ultimately, the Defendant caused the victim’s death by occupational negligence on the 109:20 on the same day, and caused the victim’s death to be a pan-fluoritis around 12:45 on the 10th of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of each police in relation to F and G;

1. Statement of H in the suspect examination protocol two times against the accused;

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

1. A written autopsy appraisal report and a medical malpractice appraisal report;

1. Application of Acts and subordinate statutes to a copy of the record book of C Hospital D, a copy of the 119 Emergency Medical Services Activity Site;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

arrow