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(영문) 수원지방법원 여주지원 2014.11.14 2014고정313
의료법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a doctor who operates a “C Hospital” in the Gyeonggi-si B.

All kinds of hospitals shall have one doctor, dentist, or oriental medical doctor for up to 200 inpatients, and two nurses for each medical person on duty necessary for the treatment, etc. of emergency patients and inpatients.

Nevertheless, from June 4, 2013 to June 28, 2014, the Defendant did not have a medical person on duty by allowing only two assistant nurses to work as a medical person on duty without having a doctor or nurse as a medical person on duty at night, weekend, and holiday at the pertinent C Hospital, without having a doctor or nurse.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Investigation report (to-face statement of an assistant nurse who has worked at the time of regulation);

1. Application of Acts and subordinate statutes to investigation reports (including nursing and sick service cards submitted by a suspect);

1. Relevant Articles 90 and 41 of the Medical Service Act and Articles 90 and 41 of the Act on the Selection of Criminal Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 59 (1) of the Criminal Act (limited to a fine of 1,00,000 won against the defendant and a fine of 1,000,000 won if not paid, shall be confined in a workhouse for the period converted into one day, but the sentence shall be postponed considering the fact that the defendant has no criminal record for the same kind of crime);

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