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(영문) 서울중앙지방법원 2019.07.19 2018노3108
업무상과실치상
Text

The prosecutor's appeal is dismissed.

Reasons

The main point of the grounds of appeal is as follows: (a) although the previous entrance door was opened and closed more than approximately 1 second, the lower court erred by viewing the change of screeners and the situation of the change of the previous entrance and exit of the previous screen, and the situation of the change of screeners and the opening and closing of the previous screen, and (b) since the victim’s statement is consistent from the investigation to the trial, it is recognized that the victim suffered injury by leaving the left door at the entrance closed at the end of the time when he wanted to leave the previous screen.

Judgment

In light of the following facts and circumstances acknowledged by the evidence duly examined by the court below and the court below, it is difficult to recognize that the evidence submitted by the prosecutor alone was inflicted an injury on the front door.

The conclusion of the court below is just, and the prosecutor's assertion is without merit.

At the point of the accident of this case, the electric car entrance is about 1 second of the screen air, and approximately 1 second of all, the electric car door is closed.

Serial 44 No. 44 (Change of PSSD opening and closing system according to train control, fact inquiry reply letter by the head of the Korea Railroad Corporation headquarters in the Seoul metropolitan area) 5 pages. The above prior approach letter 2.5 seconds 【 0.5 seconds at the time of opening, 3.0 seconds at the time of closing 3.0 seconds ± 0.5 seconds at the time of opening.

95 pages of evidence records 12:37:33 Evidence records 20 pages of the date of the instant accident, on the basis of the time indicated in the video of the video CD.

(The actual time indicated in the part of the lower judgment’s “2. Determination” is about 12:2:0. The time indicated in the part of the lower judgment is indicated in the program reproducing the CD, and the time indicated in the CD image is indicated in the program reproducing the CD, and the time indicated in 12:37:33, expressed in the CD image is indicated in 00:03 and the time indicated in 00:03, supra, in the CD reproduction program; hereinafter the same is applicable.

in this chapter only shall be stated.

(12:37 :00 p.m.) The victim was on board the electric vehicle at the 37:0 p.m.

46.A passenger (hereinafter referred to as "passenger") behind the point in which the victim would go beyond 46.

In order to get on the train, the 47 early screen will begin, and the 47-48 early screen will start.

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