Drunk Club Member Boards Doctor Helicopter... '10 Million Won Fine' Confirmed
[Asia Economy Reporter Baek Kyunghwan] The Supreme Court has upheld fines against members of a model airplane club who, while intoxicated, climbed onto an emergency medical helicopter. However, they were acquitted of trespassing charges related to the helicopter landing pad.
On the 2nd, the Supreme Court's 3rd Division (Presiding Justice Lee Dongwon) announced that it upheld the original court's decision to impose fines of 10 million won each on three defendants, including Mr. A, who were indicted for violating the Emergency Medical Services Act and other charges.
In August 2016, the defendants entered the doctor helicopter operation control room of a university hospital, which was restricted access, while intoxicated, climbed onto the helicopter, and rotated the propellers, leading to their prosecution.
The prosecution charged them with violating the Act on the Aggravated Punishment, etc. of Specific Crimes (joint trespassing) for entering the operation control room without permission, and with violating the Emergency Medical Services Act for occupying the doctor helicopter.
The first trial court acquitted them of violating the Emergency Medical Services Act, reasoning that the time they occupied the helicopter was during late-night hours when the helicopter was not in operation. However, the court found them guilty of joint trespassing and imposed fines of 10 million won each.
The appellate court overturned the acquittal on the Emergency Medical Services Act violation. The court held that medical equipment must be managed to respond to emergencies that can occur at any time, and thus occupying the doctor helicopter should be punishable regardless of operation hours. Unlike the first trial, the appellate court acquitted them of trespassing. However, since the violation of the Emergency Medical Services Act was recognized, the fines of 10 million won were maintained.
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The Supreme Court also affirmed the ruling, stating that "there was no error in the lower courts' interpretation of 'managed structures,' 'medical equipment for emergency medical care,' and the law regarding occupation," thereby finalizing the judgment.
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