The defendant's appeal is dismissed.

1. Summary of grounds for appeal - mistake of facts and misapprehension of legal principles

A. The representative of Defendant L (B) was the first-aid vehicle from August 22, 2014 to August 25, 2014, and the first-aid vehicle is operated from August 22, 2014 to August 25, 2014, between the “G” held in the F Camp district located in E-si, E-si, but there is no actual business activity, and the first-aid vehicle was dispatched under a contract with the “M of Stock Companies in Seoul,” and thus does not constitute business other than permitted areas.

Nevertheless, the judgment of the court below which found the defendant guilty on the ground that the defendant engaged in the emergency patient transport business without obtaining permission from the competent authority is erroneous or erroneous in understanding the legal principles as to the violation of the Emergency Medical Service Act.

B. Since Article 51(1) of the Emergency Medical Service Act violates the Constitution by infringing on freedom of business, the judgment of the court below convicting the defendant by applying it is erroneous in understanding the legal principles on the violation of the Emergency Medical Service Act.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below, the court below's judgment that found the defendant guilty of the facts charged of this case is just and there is no error of law by misunderstanding facts or by misapprehending the legal principles on the violation of the Emergency Medical Services Act.

1) Article 51(1) of the Emergency Medical Service Act provides that “A person who intends to engage in (emergency patient transport business) shall obtain permission from the competent Mayor/Do Governor with facilities, etc. prescribed by Joint Ordinance of the Ministry of Health and Welfare

In such cases, where two or more Cities/Dos intend to conduct business, they shall obtain permission from the Mayor/Do Governor for each City/Do.

2) The Defendant only dispatched a medical staff to prepare for an emergency situation according to a contract with the “M of a stock company” in Seoul, and only provided a patient with emergency medical services.