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(영문) 의정부지방법원 고양지원 2016.11.03 2016고정11
업무상과실치상
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is engaged in radiation photographing work with radiation history at the E Hospital located in Soyang-gu, Gyeyang-gu. D.

On June 12, 2015, the Defendant had the victim F (year 42) taken a radioactive photograph at the 1st floor of the above hospital on June 12, 2015.

In the case of photographing radiation, there are circumstances to deem it difficult for the victim to go on his/her own because it was frequently caused by a remote accident, in particular, the victim is escorted to the above photographing room. In such a case, there was a duty to observe the patient in detail and, if necessary, there was a duty to prevent the remote accident in advance by means of photographing the patient on the tables, taking a photograph of the patient, accompanying his/her guardian, or using a support stand, etc.

Nevertheless, the Defendant neglected this and did not observe the victim in detail, and did not take measures to prevent the occurrence of an abortion, and caused the victim to take a radioactive image by negligence in the course of duty, and caused the victim to face with the head part of the body.

Ultimately, due to the above occupational negligence, the Defendant caused the injury of the victim, such as cerebral cerebrovassis with no open space for about eight weeks.

Summary of Evidence

1. Each legal statement of witness G and H in part;

1. Each protocol concerning the examination of the suspect against the defendant;

1. The police statement of the defendant;

1. Each police statement made to H and I;

1. A medical certificate;

1. A copy of medical record certificate of an E hospital, manual for prevention of abortion in an E hospital, information investigation site for nursing, risk assessment tool, and nursing record book;

1. Application of CCTV-faging photographs and one screen image-faging statute;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

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

1. The defendant and defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order.

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