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Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, as a crew member of the Korea Railroad Corporation, is a person engaged in duties, such as opening and closing entrance doors, guest room guidance broadcasting, emergency measures, etc., on board the crew room of the electric trains of subway No. 1.
On February 3, 2016, around 09:04, at the 9-1 point in subway 13, which was in the unification of Jung-gu Seoul, Seoul, the subway 13, the subway platform of the 13th century, the victim E (n, 80 years old) was parked in the electric train (K428) where the entrance was closed while the entrance was shut down, and the platform screen was opened in the front of the entrance.
In the process of opening or closing the electric train entrance and screen of platform, the Defendant had a duty of care to prevent accidents in advance by checking whether passengers are injured on the ground or not, or reporting the mechanical failure to the station or control manager, and preventing accidents from departing from the electric vehicle before receiving a notice of the absence of any error in the vehicle from the relevant employee. The Defendant had a duty of care to prevent accidents in advance.
Nevertheless, the Defendant neglected to do so and did not properly confirm whether there was any error in the boarding and leaving the HMI, and did not report to the stationhead or the air traffic controller, and did not make a simple mechanical malfunction and applied the strawer’s pen (a device to enter the direction, etc. so that the electric train can be emitted when the broken-out or obstruction occurs). The Defendant sent a departure signal to the engineer and sent the departure signal to F. Accordingly, the victim started with the electric entrance door and the platform screen.
In the end, the victim was caused by the above occupational negligence of the defendant.