Beijing News Express According to the official Weibo news of the People’s Court of Xuyong County, Luzhou, Sichuan Province, on September 19, 2020, the People’s Court of Xuyong County, Sichuan Province charged the defendant Ma Minghong on suspicion of traffic accidents and the plaintiff Tan Moulin, the plaintiff in the incidental civil lawsuit. The first instance of Tan Mouying, Tan Mouyun, Yang and Chen was publicly pronounced in the criminal and incidental civil suit.
Defendant Ma Minghong was sentenced to six years’ imprisonment for the crime of causing traffic accidents; compensation to the plaintiff in the incidental civil lawsuit, Tan Moulin and others, for various losses totaling RMB 920,048.88; compensation to the plaintiff in the incidental civil lawsuit Yang for various losses totaling RMB 247,907.15; Compensate the plaintiff Chen in the incidental civil lawsuit for various losses totaling RMB 185,619.41; dismissed other claims of the plaintiff Tan Moulin in the incidental civil lawsuit.
The court found that at about 20 o'clock on December 31, 2018, the defendant Ma Minghong and Zhang Ya and others sang and drank in a KTV in Xuyongcheng District.
At about 23:00, the defendants Ma Minghong, Zhang Ya and others went to a night snack shop to eat supper and drink.
After Ma Minghong left the night snack shop, he drove a small car towards Xiwai Street, hoping to buy firecrackers.
At about 23:50, when the vehicle reached the intersection of the Middle Ring Road and West Street in Xuyong Town, it ran into the victims Huang, Yang, and Chen, who were walking in the same direction on the right side of the road, and escaped and hid in Zhang Ya. At home in Jiangyang District, Luzhou City (Zhang Ya has been sentenced to eight months in prison for the crime of harboring in this case).
After the accident, passers-by at the scene immediately dialed 120 and 110, and the three victims were sent to hospital for treatment.
At 9 o'clock on January 2, 2019, Ma Minghong, accompanied by his family members, went to the Traffic Management Brigade of the Xuyong County Public Security Bureau to surrender and confessed the fact that he had escaped after drunk driving.
On the 23rd of the same month, the victim Huang died due to ineffective rescue.
The accident caused the death of the victim Huang, Yang severely injured, and Chen slightly injured.
It was determined by the Traffic Management Brigade of the Xuyong County Public Security Bureau that the defendant Ma Minghong was fully responsible for the accident, and Huang, Yang, and Chen were not responsible.
The court held that: Defendant Ma Minghong violated traffic and transportation management regulations by driving a vehicle in a major accident that caused one death and two injuries, and was fully responsible for the accident. He should be held criminally responsible for the crime of causing traffic accidents. Defendant Ma Minghong drove a motor vehicle while drunk and escaped after the accident. He shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Although Ma Minghong had the plot to surrender, he fled after the accident and failed to fulfill his legal obligation to protect the scene and rescue the injured. He only surrendered to the investigative agency on January 2, which prevented the investigative agency from detecting the ethanol content at the time of the accident. Later, the confession of the relevant details did not match the objective facts, and the attitude of repentance was poor. It should be strictly grasped and the scale should be taken lightly. After the accident, he did not actively compensate the victim for economic losses and had criminal history, and he should be punished severely as appropriate. The defendant Ma Minghong should compensate for the material losses suffered by the five plaintiffs in the attached civil lawsuit. Then the above judgment was made according to law.