(영문) 서울동부지방법원 2018.04.26 2017고단2791

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줄 간격

자간(%)

(영문) 서울동부지방법원 2018.04.26 2017고단2791

업무상과실치사

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant is a maintenance worker belonging to the Gangnam-gu Seoul Metropolitan Government, which is an enterprise in charge of the maintenance and repair of screened fish of Seoul subway 2, who has been engaged in the inspection and maintenance of screened fish.

On January 19, 2013, the Defendant: (a) conducted inspection and repair of the platform 6:10-3 screen fish with the victim He (hereinafter “the Deceased”) who is an employee belonging to the aforementioned DD’s branch, in the history of the subway station 2 in Seongdong-dong, Seongdong-gu, Seoul, Seoul, along with the victims’ network E (37: hereinafter “the Deceased”); and (b) conducted work with the Deceased entering the direction of the screen 6:10-3 screen.

The platform No. 4 of the above Sung River basin No. 4 is a place where a subway train No. 2 passes the subway train. As such, one of the maintenance workers, who are employed by the screen fishing force to work to enter the track, was obliged to take measures to prevent conflict with the train by monitoring whether the train is entering the train as a monitor for the operation of the train, and to take measures to ensure that the deceased, who is the maintenance cause, is not in conflict with the train.

Nevertheless, the Defendant neglected to do so and did not pay attention to an electronic display sign board informing that a train is scheduled to enter the train, and did not take any measures for the safety of the Deceased, even if the train entered the platform. As a result, conflicts with the train that the Deceased enters the track, resulting in the death of the train and screened fish between the train and screened fish, around January 14:34, 2013.

Accordingly, the Defendant caused the death of the victim by negligence in breach of occupational duty as above.

Summary of Evidence

1. Partial statement of the defendant;

1. A written protocol concerning the examination of the prosecution and the police against the accused;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement of the police statement related to G;

1. H. H.

유사 판례

-서울중앙지방법원 2018.02.22 2017고합668

-서울중앙지방법원 2015.02.13 2013가단59935

-서울동부지방법원 2018.06.08 2017고단1506

-대구지방법원 2017.01.11 2016고정2258

-부산지방법원 2013.12.11 2013고단4790