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(영문) 부산지방법원 2018.01.10 2016고단2609
업무상과실치상
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is in charge of the medical treatment and surgery of patients visiting the above clinic as a medical specialist who operates I-type outdoor department on the 4-8 floor of the H-gu Busan Metropolitan Government.

At around 10:10 on July 24, 2014, the Defendant decided to conduct a general anesthesia treatment to the victim prior to the climatic climatic climatic cliff on the left side of the victim J (53 Do) and first administered the victim with tin clibol, a part of the water surface clibol, a complete clibol, to the victim, and then inserted the victim’s clibol to the victim’s clibin for artificial pulmon.

At the time, the victim was in a state where the breath and the breath were administered as above, and was in a state where the breath was unable to perform the breath themselves. In such a case, the Defendant, who is engaged in the business of anesthesia, performed accurately the breath on the victim’s flag, and thereafter, had a duty of care to continuously check the physical conditions of the victim, such as whether the breath was properly supplied with oxygen, whether the breath was being supplied with oxygen, and whether the victim’s breaths, carbon dioxide concentration of the breath, and to take necessary measures accordingly, to ensure that the breath was fully supplied to the victim.

Nevertheless, the defendant neglected this and failed to perform the procedure as it was, and the state where sufficient oxygen has not been supplied to the victim due to the negligence, so that the spreading of oxygen in the blood of the victim would rapidly fall.

Accordingly, the Defendant caused the victim to suffer permanent obsive brain damage due to negligence in the above business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect to a part of the prosecution against K;

1. Each police statement made against L, M, or N;

1. A written accusation-a written statement of opinion, (J), (J), (J), (J), (J), (J), the place of the records of hospitalization, (J), the place of the records of the records of the records of the records of the records of the records, (J), (J), the place of the records of the records of the records of the records of the records of the treatment

1. Notification of the results of appraisal;

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