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(영문) 춘천지방법원 영월지원 2015.05.01 2015고단108

업무상과실치상등

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Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 22, 2014, the Defendant left the train of 1644 in the new-month tunnel, which was located in the Jungwon-gun, Jongwon-gun, Jungwon-gun, Jungwon-gun on November 22, 2014, which caused the lack of towing power, and the Defendant was assigned to the duty to seek the passenger train by operating the vehicle of the Gowon-gun, No. 5003.

On November 22, 2014, the Defendant operated the Guwon engine No. 5003 on November 22, 2014, and arrived at the nessan Station located in the Jeongwon-gun, Jeongwon-gun, and followed by the relevant regulations, he/she gets on board the people and proceeded to the new tunnel, which is the place where the passenger train stops.

당시 여객열차 정차 지점은 23‰ 하구배(1000m 마다 23m의 고도가 낮아짐)인 급경사 구간이고 오전에 왔던 비로 인해 선로가 매우 미끄러운 상황이므로 기관차를 운전하는 사람으로서는 속도를 충분히 줄인 다음 위 급경사 구간에 진입하여 활강현상 등으로 인한 사고를 미리 방지할 업무상 주의의무가 있었다.

Nevertheless, the Defendant did not listen to the attention of the public air traffic controllers to the effect that “the passenger train stops are very slick,” and did not accurately check the distance table on the section, and caused the failure of the air traffic controllers to predict the speed at the starting point on the rapid slope section, thereby falling short of the passenger train part on the front side of the train.

Ultimately, the Defendant suffered injury to 39 persons in total as shown in the attached list of crimes, such as the victim E (V, 57 years of age) who was on board the above passenger train due to the above occupational negligence, for which approximately three weeks of medical treatment is required, and at the same time, from 19:40 on the same day to 0:23 on the following day, the Defendant interfered with the traffic of the train by making it impossible for the Defendant to operate the bus at the stop for about 4 hours and 43 minutes from 19:40 on the same day.

Summary of Evidence

1.