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(영문) 대구지방법원 2017.01.11 2016고정2258
업무상과실기차교통방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

B A is a pilot of the instant facility H- file gambling work in the main line D, which is the site of the instant construction accident, and the Defendant, as a pilot of the train affiliated with the construction of the K-A-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U

A. B, around 16:43 on February 15, 2016, around C New Construction Work D (G Branch) sent a tent to the right line to prevent the transfer of steel plates to the floor of the next preparation work in order to prevent the transfer of steel plates from going out of the air due to the completion of the work for the installation of the main base on the day of the accident.

In such cases, although there is a duty of care to perform work by 2.1m or more from the center of the track, B neglected to do it and caused some damage to the right side of the engine by contact with the next to the right side of the train in the 1784 train Gyeong-gu, Seoul Special Metropolitan City, the 1784 train Gyeong-gu, Seoul Special Metropolitan City.

B. A. The Defendant: (a) at the time and at the place specified in paragraph (1) at the time and place, the Defendant: (a) was a person playing the role of sending a siren access signal by sounding a siren rapidly to the workmen when approaching the train; (b) was kept at the fixed location until the full completion of the inlet air work; and (c) sent a train access signal, despite the completion of the inlet air’s main work, it was difficult to view that the said train was out of the string of the tent air to put a steel plate on the floor, and thereby, it was difficult to view that the said train was approaching.

(c)

F.(a) At the time and at the place described in paragraph (1), as a field manager responsible for the work, such as the overall management, supervision, etc. at the site of the accident.

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