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(영문) 울산지방법원 2014.05.12 2014고단474

업무상과실치상

Text

Defendant

A shall be punished by a fine of KRW 8 million, Defendant B, and C by a fine of KRW 10 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a subsequent crew member of the train No. 3300 (Engine No. 7560), Defendant B is a main engineer, and Defendant C is an auxiliary engineer.

On November 6, 2013, around 15:40, at the port of Ulsan-gu, the Defendants started from the direction of the solar railroad station by connecting the said train with the number of 20 vehicles at the port of Ulsan-gu, Ulsan-do, the passage of the said train, and stopped from the upper part of the port of approximately 169 meters (on the basis of the train aftermath) to the towing power at a point of 169 meters (on the basis of the train aftermath), and subsequently failed to proceed in the future, the Defendants resumed in the direction of the car again.

Since the passage of a flat vehicle is frequent, when intending to pass a road crossing again by going through a train, and there is a danger of accidents, the Defendants were obliged to pay attention to prevent accidents in advance by controlling the vehicle at the road crossing and leaving the train.

Nevertheless, due to negligence, Defendant A neglected to take charge of the safety and surveillance of the rear and the rear, and had Defendant A leave the train without taking charge of the vehicle control of the rear, and Defendant B failed to take care of the fact that the crossing was conducted in the rear and the rear side, despite being aware of the fact that the crossing was conducted on the rear side, Defendant A, a crew member of the rear side, without checking the safety of the crossing. Defendant C was in charge of the crew of the rear side during the train leaving the train, and Defendant C was in charge of the safety of the rear side and the rear side, so it is necessary to check the safety of the rear side and the rear side through a continuous vision, but instead, Defendant A’s failure to take proper measures against the rear side, such as the failure to listen to the “stop without a stop” of Defendant A, thereby making it impossible to stop the train going behind.

Defendants are as above.