(영문) 부산지방법원 동부지원 2019.05.15 2018고정834

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(영문) 부산지방법원 동부지원 2019.05.15 2018고정834

업무상과실치상

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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is an engineer of Busan Urban Railroad 2, which belongs to Busan Urban Railroad Corporation.

In operating trains, the Defendant has a duty of due care, such as checking the conditions of passengers’ getting on and off the platform using the CCTV in the station, and closing the entrance, when starting trains to prevent accidents, such as cutting off the entrance of passengers’ trains, leaving off the entrance, etc.

Nevertheless, at around 13:59 on December 18, 2017, the Defendant: (a) neglected to perform the above duty of care in the Busan Urban Railroad 2 Station C-C-5-1 boarding platform located in Suwon-gu B, Busan, and (b) anticipated that the victim D (the age of 81) who is a passenger would have been able to board the train from the platform to the train entrance near the platform; and (c) it was anticipated that the victim would have been able to board the train, so most passengers should have confirmed once again whether the passengers board the train. However, as the entrance closed soon as the entrance closed and the entrance was set up or abandoned, the victim considered that the entrance was up up or waived even if the entrance was closed as other passengers, and the entrance was opened to meet the departure time of the train, and caused the victim to be faced with the shoulder of the victim who was on board.

As a result, the defendant suffered the victim through occupational negligence above 12 weeks of treatment, such as the pelle of the opposite pelle, the pelle of the electronic department, etc.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Entry of the accused in part of the interrogation protocol of the prosecution in the first and second prosecutor's office;

1. The prosecutor's statement concerning E and F;

1. Each police statement made to D or A;

1. A written statement (on-site photographs, such as an engineer's affairs, videos, etc.);

1. An inspector, inspector, and driver's license regulations;

1. On-site CCTV images (Evidence No. 12-1), accident images, and CD.

유사 판례

-대법원 1983. 9. 27. 선고 82도267 판결

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