China News Network, Taizhou, April 27 (Reporter Fan Yubin) Drunk driving drove passersby into the river in the early morning, and later drove to escape. Unfortunately, the passers-by drowned and suffocated. On the 27th, the reporter was informed that the People's Court of Huangyan District, Taizhou City, Zhejiang Province has made a first-instance judgment on the traffic accident case. The defendant Chen was sentenced to 7 years and 6 months in prison.
On January 18, the Huangyan police received an alarm, and someone found a man floating in the middle of the river near Toto Bridge. The police rushed to the scene immediately. Unfortunately, the man was dead.
After investigation, the collision between a car and a bicycle caused the bike driver to fall into the water. After the accident, the car driver drove to escape. Soon, the police locked the driver and caught him.
Before the accident, the driver Chen Mou was drinking and singing on KTV until 2 o'clock in the morning, then went to dinner with friends. In the case of fellow friends repeatedly discouraging drinking without driving, Chenmou drove home with luck.
At 5 o'clock in the morning, when driving near the Tuotuo Bridge, Chen clearly felt the car collided and the car's windshield shattered. Chen thought he was a drunk driver and didn't dare to stop and check. The accelerator stepped on the car and escaped.
It was Mr. Hu who was riding a bicycle on the side of the road that was hit by Chen. After being hit by the water, he was found by a passerby until 10 am that day, and Mr. Hu was drowned and suffocated.
After the public prosecution institute filed a public prosecution against Chen for traffic accidents, Hu's family also filed an incidental civil lawsuit in the court.
After trial, the court held that the accused Chen Mou drunk driving a motor vehicle had a traffic accident and died due to escape. He should be fully responsible for the accident. His behavior has constituted a traffic accident and should be punished according to law. Chen drunk driving a motor vehicle, he was given a heavier punishment as appropriate, and after the case truthfully confessed the facts of the crime, voluntarily pleaded guilty and punished, and was given a lighter punishment according to law. Chen was sentenced to 7 years and 6 months in prison.
In addition, because the defendant Chen was driving under the influence of drunk and had escape behavior, the insurance company only compensated the part of strong insurance, not the part of commercial insurance. In addition to the payment of 110,000 yuan for compulsory insurance, the defendant, Chen Mou, bears the responsibility for compensation of less than 477,000 yuan.
The judge said that escaping from an accident not only violated the relevant laws and regulations of the country, but also violated the good customs and moral ethics of the society, and should bear the corresponding legal responsibility and morally condemn it. The driver is obliged to get out of the car to check the accident situation after the collision, and has the duty to rescue the injured persons who have been collided.
In this case, the defendant Chen Mou knew that a collision occurred and fled the scene, causing the victim to fall into the river and drown and suffocate to death because he could not get timely help. Both the legal and the sensible points of the blame are blameless.
The Criminal Law stipulates that if you escape after a traffic accident or have other particularly bad circumstances, you will be sentenced to fixed-term imprisonment of more than three years and less than seven years; if you die because of escape, you will be sentenced to more than seven years. Drunk driving a motor vehicle or escaping from the scene after an accident may also result in insurance companies exempting commercial insurance. The perpetrators must not only bear the criminal responsibility for loss of freedom, but also bear the civil liability for compensation for the loss. (Finish)