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(영문) 서울중앙지방법원 2014.09.04 2014고단2092
철도안전법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 30, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Railroad Safety Act at the Seoul Central District Court on June 30, 201, and the said judgment became final and conclusive on October 27, 2011, and completed the execution of the sentence at the Seoul Detention Center on November 6, 2011.

On March 31, 2014, at around 09:35, the Defendant was under the influence of alcohol in the subway station for female disabled persons in the subway station in Jongno-gu Seoul, Jongno-gu, Seoul, on the ground that the victim E (57 years of age) who is the father station in the D Station (57 years of age) who was under the influence of alcohol in female toilets was unbured by the passenger's report, and the victim E (57 years of age) who was the father station in the D Station was under the influence of alcohol in a female toilet, was sleeped by the victim's cleep, and was sleeped in the breath, and

Accordingly, the Defendant interfered with the performance of duties concerning the maintenance of order and safety management in the subway history by considering the victims who are railroad workers who provide services to subway passengers.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Photographs of the victim;

1. Before judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation reports (Attachment to judgment, etc.), and personal identification and confinement status of each individual;

1. Article 78 (1) and Article 49 (2) of the Railroad Safety Act applicable to criminal facts, the choice of punishment, and the choice of imprisonment;

2. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders is that the defendant has committed a crime, committed a misunderstanding, failed to recover damage, not only constitutes a repeated crime of the same kind, but also has the record of having been sentenced to imprisonment and fine several times for the same crime, and the defendant's age, environment, background and contents of the crime of this case, and circumstances after the crime, etc. shall be determined as per the order, taking into account the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the punishment

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