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(영문) 서울서부지방법원 2015.11.12 2015고단835
업무상과실치상
Text

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

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

Reasons

Punishment of the crime

The defendant is the former train of the Korea Railroad Corporation.

On November 26, 2014, the Defendant boarded the electric train of the Dong Mancheon-gu Seoul Metropolitan Government, and entered the platform No. 1, 2, 327 of the new street station located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

The Defendant, who is engaged in the operation of the electric trains, has a duty of care to divide the train departure base and prevent accidents by starting the train only after checking the safety of passengers’ getting on and off through CCTV installed at the upper part of the land and the historical platform.

Nevertheless, at the 4-2 point of the front train at the time, the victim D (the age of 65) closed the front train, and the right bridge was broken between the front train and the platform. Since the victim relays to the CCTV screen, even though it was possible to verify the appearance of the victim going beyond the CCTV, the victim was unable to find out the appearance of the victim due to occupational negligence, and the train was divided into the startlight, and the direction of the victim's right bridge was cut between the platform and the electric train, and the train was set to start the operation train under the condition that the victim got out.

As a result, the Defendant suffered injury to the victim, such as cutting off the right-hand sulverization, which requires treatment for about 15 weeks due to the above occupational negligence.

Summary of Evidence

1. Part of the defendant's legal statement;

1. The police statement of D or E;

1. A written diagnosis of injury;

1. Reporting on the occurrence of accidents resulting in railroad traffic, reporting on the urgency of railroad accidents, and manual for the operation of electric trains;

1. Each photograph;

1. Application of the CCTV image-related Acts and subordinate statutes to accidents;

1. Article 268 of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and the age of the defendant.

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