2017 Highly 426 Electric traffic interference

A

Kim Jong-ho (prosecution), and after the trial

Attorney B (Korean National Assembly)

September 14, 2018

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On March 8, 2017, around 18:43, the Defendant interfered with the traffic of the former vehicle by entering the train train k6253 of the subway line located under the subway section in Gangnam-gu Seoul, Gangnam-gu, Seoul, with the electric vehicle located under the subway section 522, thereby delaying the operation between approximately 20 minutes and delaying the operation of the train.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report (in the case of a railroad accident, the case of checking CCTV for committing a crime, and the case of submitting the current status of obstacles); 1. Application of the Acts and subordinate statutes on screen photographs, CCTV video CDs in the course of committing a crime;

1. Article applicable to criminal facts;

Article 186 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

The reason1) The crime of this case is that the defendant entered the subway station by reporting the entry of electric trains into the subway station, making the former stop of the vehicle in an emergency and delayed operation of the vehicle. The crime of this case is not weak in terms of the nature and circumstances of the crime, such as causing inconvenience to many passengers using the subway, causing danger to the overall traffic safety of the divided line, and leading to a large accident. However, the defendant seems to be infinitely leading to the crime of this case. However, it is against the fact that the defendant is infinite and unfinite, and it is against the fact that the defendant has committed the crime of this case. In the course of the crime, it is not good that the current health status is not good, and there is no criminal power except twice a fine due to a long-term crime.

In addition, considering the age, character, conduct and environment of the defendant, motive and consequence of the crime, circumstances after the crime, etc. and various circumstances revealed in the pleading, the sentence as ordered shall be determined and the execution thereof shall be suspended.

The presiding judge and judges;

Judges Kim Young-ho

Judgment of the Prosecutor

1) The sentencing criteria are not set.