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(영문) 부산지방법원 2018.09.12 2018고정439
과실기차교통방해
Text

The defendant shall be innocent.

Reasons

1. On October 28, 2012, the Defendant: (a) started the upper east-dong station in Geumyang-do, Geumyang-do, Geumyang-do; and (b) went to the Cheongdo-do-si, Cheongyang-do-si, Cheongyang-do-si, Cheongsan-do-si, Cheongsan-do-do-si, Cheongsan-do-do-do-dong; and (c) went to the Internet within the 484 train in Masan-si, Masan-si, Masan-si, Masan-si.

The entrance door of the power-driven room shall not be used as the entrance or exit of the other side, if it is not used as the entrance or exit of the other side.

“Inasmuch as a phrase was attached to the phrase prohibiting passengers’ access, the said phrase was to be confirmed, and even if there was a duty not to have access to it, it did not confirm the above, and instead, arbitrarily entered the train team leader’s room through the said engine room, and the said train was cut off for an emergency stop for four minutes, without confirming the above matters.

Accordingly, the Defendant interfered with the traffic of the train by the above negligence.

2. Taking into account the following facts, the Defendant’s act according to the facts charged in the instant case is only subject to an administrative fine under the former Railroad Safety Act (amended by Act No. 11591, Dec. 18, 2012) and does not constitute “an act interfering with the traffic of trains by any other means”.

A. Except as otherwise expressly provided for in other Acts, the Railroad Safety Act preferentially applies to railroad safety (Article 3 of the Railroad Safety Act). (b) Articles 81(1)8 and 47 of the former Railroad Safety Act (amended by Act No. 11591, Dec. 18, 2012) provide that “the act of pressing an emergency stop pressing during operation without any justifiable reason during operation” shall be subject to an administrative fine not exceeding ten million won.

(c)

The former Railroad Safety Act was amended by Act No. 11591, Dec. 18, 2012 (amended by Act No. 11591, Mar. 19, 2014). As regards “an act of pressing an emergency stop pressing during operation without justifiable grounds,” the former Railroad Safety Act shall be punished by imprisonment for not more than two years or by 20 million won.

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