업무상과실치상등
Defendant
A shall be punished by a fine for negligence of KRW 8,000,000, and by a fine of KRW 3,000,000.
The above fine is imposed against the Defendants.
Punishment of the crime
Defendant
A is an engineer who operates a train with 3 subway lines of 3040, and Defendant B is an overall traffic control supervisor of the Busan Traffic Corporation.
Defendant
A, around 08:30 on November 22, 2012, while operating a train with No. 3040 near the Busan Urban Station, A, at the time, was under the direction of the General Control Group B, that the train No. 3038, which had been operated by the engineer F from Defendant B, stops due to a breakdown. In this context, A was instructed to get off the train passengers, and the train No. 3038, which had been parked due to a breakdown, was under the direction of demanding the Guwon (measures to stop the train which is parked with a garage, etc. into another train).
At the time, the section between the river basin and the water-only railway station is sheshe is placed under the ground section, and the train at the above 3038 was stopped on the valley 140 meters in front of the water-flow basin, and the front view was not secured. In such a case, Defendant B, a controller, should accurately check the location of the broken train and inform the Defendant A, who is an engine company of the broken train, and instruct the driving of the broken train, to check whether the above F is a situation where it is possible to give a stop signal at a sufficient distance, and the Defendant A has a duty of due care to check the location of stopping of the broken train when driving the broken train, and to prevent additional drilling accidents between the broken train and the broken train.
Nevertheless, the Defendants neglected to perform the above duty of care in the above water basin, and Defendant B did not properly inform Defendant A of the location of the broken train in making rescue instructions, and did not confirm whether the broken train F can display the stop signal to the broken train, and Defendant A is the location of the broken train.