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(영문) 대전지방법원 2015.03.05 2014고단3639
약사법위반
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

On August 30, 1962, the Defendant obtained a pharmacist’s license B with the Minister of Health and Welfare’s license on August 30, 1962, and registered as a pharmacist at Sejong Special Self-Governing City C on May 1, 2004.

Where a pharmacist intends to prepare a drug by substituting the drug in a prescription slip issued by a doctor or dentist with a drug of the same ingredients, content and dosage form, he/she shall obtain prior consent of the doctor or dentist who has issued the prescription slip, and where the Minister of Food and Drug Safety deems that biological equivalence exists (including a drug that proves biological equivalence through a medical experiment using no living body because it is unnecessary to conduct a medical experiment using a living body or it is impossible to do so), he/she may prepare a substitute drug without prior consent of the doctor or dentist who has issued the prescription slip.

If the pharmacist prepares alternative medicines instead of the medicines entered in the medical prescription, he/she shall notify the doctor or dentist who has issued the medical prescription of the contents of alternative medicines within one day (if there are unavoidable reasons, within three days).

Nevertheless, from May 1, 2009 to April 30, 2012, the Defendant: (a) instead of preparing alternative medicines of 41 m3 m3 m33 in the 250m (Korean Pharmacopoeia) of the cproba (Korean Pharmacopoeia) in the prescription issued by a doctor in the dispensary of the Jeju Special Self-Governing City, Sejong Special Self-Governing City from May 1, 2009; and (b) did not obtain prior consent from the Defendant, by preparing alternative medicines of 41m3 m3 in the cproba (Korean Pharmacopoeia) of the cproba; and (c) did not prepare alternative medicines of 10m (Korean Pharmacopoeia) of the cproba 10m (Korean Pharmacopoeia) in the prescription issued by the doctor who is permitted to prepare alternative medicines; and (d) did not notify the alternative medicines.

Accordingly, the Defendant, from May 1, 2009 to April 30, 2012, performed an act of preparing alternative drugs without consent as stated in the annexed list of crimes, and did not notify the alternative preparation of alternative drugs permitted to be prepared.

Summary of Evidence

1. Part of the defendant;

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