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(영문) 청주지방법원 2019.05.21 2019고단507
의료법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A, as a doctor, is engaged in medical services, such as working in the Seo-gu, Seo-gu, Seo-gu C Non-humane branch, Seo-gu, Seowon-si C.

No person other than a doctor who directly engages in the medical service, and directly examines, shall issue or dispatch a prescription to a patient.

On June 15, 2016, the Defendant issued a prescription without directly examining F and G via the same method until April 30, 2018, in the same manner, from nurse E, which he/she became aware of while working in another hospital at the above D and D and upon the request of the nurse E to the effect that “F will deliver a prescription to F in lieu of the issuance of a prescription to F because F would suffer from a WIG disability,” and issued a prescription to E without directly examining F and then without directly examining F and G over a total of 23 times, as shown in Table 1 of the List of Offenses Act.

2. Defendant B, as a doctor, is engaged in the medical business, such as working in the Heung-gu medical corporation located in Cheongju-si H medical corporation located in Cheongju-si.

No person other than a doctor who directly engages in the medical service, and directly examines, shall issue or dispatch a prescription to a patient.

On July 9, 2016, at the J Hospital, the Defendant: (a) received a request from the nurse E, who was aware of the fact that he had worked at the former hospital, to the effect that he would deliver the prescription to K on behalf of him; (b) did not directly examine the nurse; and (c) issued a prescription to K on April 17, 2018; and (d) issued the prescription without directly diagnosing the K on 15 occasions in total, as shown in attached Table 2, from that time, until April 17, 2018.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol concerning E;

1. Each police statement on L, M, N,O, P, Q, R, S, T, U, and G;

1. The investigation report (the monetary content of L with L after receipt of the complaint), the investigation report (the name of the doctor known in L with L with L with the complaint representative), and the request for the investigation report.

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