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(영문) 대구지방법원 2019.08.08 2019고단2487
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall interfere with the rescue, transfer, first aid, or medical treatment of an emergency patient by emergency medical personnel by means of violence, intimidation, deceptive scheme, force, or other means.

Nevertheless, at around 17:45 on April 18, 2019, the Defendant took a bath while being treated in an emergency room in Daegu Dong-gu C Hospital B, without any reason, while being under influence of alcohol. It was difficult for the Defendant to avoid disturbance due to the following: (a) the Plaintiff, who was posted to the bed of the bed of the victim D (at least 24 years of age) who was an emergency medical technician, and was collecting articles on the bed.

Accordingly, the defendant interfered with the medical treatment of the victim who is an emergency medical personnel by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E and D;

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act concerning criminal facts and the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the defendant interfered with the treatment of emergency patients by exercising influence on emergency medical technicians under the influence of alcohol.

However, there is no record of punishment heavier than a fine so far. The defendant's age, character and behavior, environment, and circumstances before and after the crime shall be determined as ordered in consideration of the fact that the defendant recognized the crime and is against the depth, stimulative disorder, and stimulative force of alcohol, etc.

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