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(영문) 울산지방법원 2016.06.16 2016고단1099
응급의료에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall interfere with the rescue, transfer, emergency measures, or medical treatment of an emergency patient by a person engaged in emergency medical services by means of violence, intimidation, deceptive scheme, threat, force, 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, the Defendant, at around 23:00 on April 15, 2016, tried to treat the Defendant, who was sent back to the emergency hospital C located in Ulsan-gu B, Ulsan-gu, the doctor D(37 tax) of the doctor D on duty (37 tax) in the 119 first-lane, was unable to enter the said D, while taking care of the faces of the above D’s face as drinking, and obstructed emergency treatment and treatment of the emergency patients of the emergency medical service employees.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 60 (1) 1 and 12 of the Emergency Medical Service Act concerning facts constituting an offense, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order / [The defendant asserts that the defendant was in a state of mental or physical loss or mental weakness due to drinking alcohol at the time of committing the crime in this case. Thus, according to the above evidence, although the defendant was somewhat at the time of committing the crime, it is not recognized that the defendant did not have the ability to discern things or make decisions, and that the above argument is not accepted because the defendant did not have the ability to discern things or make decisions.]

Taking into account the fact that the defendant with reasons for sentencing committed the crime of this case by drinking alcohol while suffering from a yellow disorder, the fact that the defendant has committed the crime of this case in depth and agreed with the will of injury and smoothly, and the fact that there is no other criminal records, such as the same kind of violent crime, except for the previous offense of fine which was minor twice before 191.

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