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(영문) 울산지방법원 2020.09.17 2020고단1575
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

On July 21, 2020, the Defendant was sentenced to a suspended sentence of two years for one year by imprisonment for a violation of the Road Traffic Act at the Ulsan District Court on July 21, 202, and the judgment became final and conclusive on July 29, 2020.

On February 2, 2020, the Defendant was a “C hospital” emergency room located in Ulsan-gu B, Ulsan-gu, Seoul-do, and became a person who was killed by the 119 emergency squad due to traffic accidents.

No person shall interfere with the rescue, transfer, first-aid or medical treatment of an emergency patient by emergency medical personnel by means of violence, intimidation, deceptive scheme, threat or other means, or destroy, damage or occupy medical facilities, equipment, medicines or other objects for emergency medical services provided by a medical institution, etc.

Nevertheless, at around 11:40 on February 2, 2020, the Defendant, within the above “C Hospital” emergency room where D, a doctor, e.g., the Defendant, while under the influence of alcohol, attempted to take a part in the floor by cutting off the telephone machine in the emergency department, which was in the main department of the emergency department, on the floor of the 20 minutes, with the influence of alcohol, and attempted to take part in the area, such as cutting down spits on the floor and smoking tobacco, etc. on the floor. On the same day, at around 12:10 on the same day, the Defendant was unable to take part in the selective clinic installed for the treatment of patients with infectious diseases in front of the emergency department.

Accordingly, the defendant interfered with the medical treatment of emergency medical personnel for emergency patients.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of field photographs and caps-fagic Acts and subordinate statutes;

1. Relevant Article of the Acts concerning the facts constituting an offense, and Articles 60 (2) 1 and 12 of the Act on the Selection of Punishment and the Medical Services Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. In full view of the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act; (b) the background leading up to the instant crime; (c) the degree of interference with medical examination and treatment; and (d) the circumstances in which the instant crime was committed in the light of the latter part of Article 37 of the Criminal Act; and and (e)

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