China News Service, November 6 According to the website of the Intermediate People’s Court of Shangqiu City, Henan Province, on November 6, the Intermediate People’s Court of Shangqiu City, Henan Province in the Yongcheng City People’s Court used dangerous methods to endanger the public. The safety case was publicly pronounced.
For the crime of endangering public safety by dangerous means, the defendant Tan Mingming was sentenced to life imprisonment and deprivation of political rights for life; the defendant Liu Songtao was sentenced to three years in prison with three years probation; and the defendant Zhang Xiaoqu was sentenced to three years in prison with three years probation.
Image source: Website of Intermediate People's Court of Shangqiu City, Henan Province
The court heard that at about 19:00 on July 3, 2019, after the defendants Tan Mingming, Liu Songtao, and Zhang Xiaoqu gathered for dinning and drinking at a skewers restaurant in Dongcheng District, Yongcheng City, Henan Province, Tan Mingming drove the Henan NE5S55 Maserati off-road vehicle with Liu Songtao, Zhang Xiaoqu left and drove along Tuobin Road and Wenhua Road in Dongcheng District, Yongcheng City.
When approaching Huayuan Road, after smashing six cars parked on the side of the road, they ran into a car from the opposite side and a car parked on the side of the road. They were forced to stop because they were unable to pass. The owner of the crash and the surrounding people stepped forward to dissuade them. Liu Songtao and Zhang Xiaoqu sitting in the back row told Tan Mingming to leave.
Tan Mingming drove out and escaped along Huayuan Road and Cheji Road in the direction of East Outer Ring Road. When he reached the intersection of East Outer Ring Road and Yongxing Street, he rear-ended the Henan N0182L BMW sedan waiting for the traffic signal at high speed, causing the BMW sedan. The fire broke out, causing two deaths and one serious injury in the vehicle, causing a total loss of more than 100,000 yuan in other vehicles.
After identification: the blood alcohol content of the defendants Tan Mingming, Liu Songtao, and Zhang Xiaoqu were 167.66 mg/100 ml, 231.10 mg/100 ml, 170.36 mg/100 ml, respectively, and the blood alcohol content of the victim Wang Mo was 0 mg/100 ml; The speed of the Henan NE5S55 Maserati Levante was about 120 km/h-135 km/h when the accident occurred; the victims Ge and Jia died in the vehicle fire, and the damage of the victim Wang was a serious injury; Tan Obviously, it constitutes a serious injury, Liu Songtao, a serious injury, and Zhang Xiaoqu, a minor injury.
During the trial of this case, the three defendants and their close relatives compensated the injured party for economic losses and reached settlement agreements with the injured party respectively.
The Intermediate People’s Court of Shangqiu City held that the defendant Tan Mingming knew that drunk driving was illegal and that drunk driving would endanger public safety, but he ignored traffic laws and public safety. After a traffic accident involving drunk driving, he continued to drive into a collision and fled in the urban area. Driving at high speed inside, causing serious consequences and property losses of two deaths and one injury. Subjectively, he took a laissez-faire attitude towards the continuous harmful results and intentionally endangered public safety. After the defendants Liu Songtao, Zhang Xiaoqu and Tan Mingming drank together, they complained to Tan. Obviously, drunk driving was not discouraged, and Tan Mingming was encouraged to drive away after the accident, resulting in serious consequences. The actions of the three defendants have constituted the crime of endangering public safety by dangerous means.
The public prosecution agency charged with conviction.
The three defendants committed a joint crime. Among them, Tan Mingming was the direct perpetrator of the crime and was the principal offender, and the crime was bad and the consequences were serious. He should be punished in accordance with the law; Liu Songtao and Zhang Xiaoqu played a secondary role in the joint crime and were accomplices , Can mitigate punishment.
In view of the fact that the defendant was in a state of drunkenness at the time of the case, and subjectively did not want or actively pursue the occurrence of harmful results, it is an indirect intentional crime, which is subjectively malignant, personally dangerous, and intentional direct and intentional crimes that deliberately drive and hit people and deliberately endanger public safety Different.
Tan Mingming was able to truthfully confess his crimes after arriving at the case, was frank, and actively compensated for the economic losses of the victim. If he showed repentance, he could be given a lighter punishment according to law; the defendants Liu Songtao and Zhang Xiaoqu had a relatively minor crime and actively compensated the victim for economic losses. If there is a performance of repentance, probation may be applied to him in accordance with the law.
Then the above judgment was made according to law.
More than 50 people including relatives of the parties concerned, deputies to the National People's Congress, members of the CPPCC, media reporters and people from all walks of life attended the verdict.
The presiding judge answers questions from reporters
On November 6, 2020, the Intermediate People's Court of Shangqiu City, Henan Province publicly sentenced the defendants Tan Mingming, Liu Songtao, and Zhang Xiaoqu in a case of endangering public safety by dangerous methods in Yongcheng People's Court.
For the crime of endangering public safety by dangerous means, the defendant Tan Mingming was sentenced to life imprisonment and deprived of political rights for life; the defendant Liu Songtao was sentenced to three years in prison with three years probation; and the defendant Zhang Xiaoqu was sentenced to three years in prison with three years probation.
After the trial, the presiding judge accepted an interview and responded to several issues of public concern.
Reporter: Please introduce the basic facts of this case
Presiding Judge: At about 19:00 on July 3, 2019, after the defendants Tan Mingming, Liu Songtao, and Zhang Xiaoqu gathered for a meal and drink in a skewers restaurant in Dongcheng District, Yongcheng City, Henan Province, Tan Mingming drove Liu Songtao and Zhang Xiaoqu away in a Henan NE5S55 Maserati off-road vehicle , Drive along many urban road sections such as Tuobin Road and Wenhua Road in Dongcheng District, Yongcheng City.
When approaching Huayuan Road, after smashing six cars parked on the side of the road, they ran into a car from the opposite side and a car parked on the side of the road. They were forced to stop because they were unable to pass. The owner of the crash and the surrounding people stepped forward to dissuade them. Liu Songtao and Zhang Xiaoqu sitting in the back row told Tan Mingming to leave.
Tan Mingming drove out and escaped along Huayuan Road and Cheji Road in the direction of East Outer Ring Road. When he reached the intersection of East Outer Ring Road and Yongxing Street, he rear-ended the Henan N0182L BMW sedan waiting for the traffic signal at high speed, causing the BMW sedan. The fire broke out, causing two deaths and one serious injury in the vehicle, and a total of more than 100,000 yuan in losses to other people's vehicles.
After identification: the blood alcohol content of the defendants Tan Mingming, Liu Songtao, and Zhang Xiaoqu were 167.66 mg/100 ml, 231.10 mg/100 ml, 170.36 mg/100 ml, respectively, and the blood alcohol content of the victim Wang Mo was 0 mg/100 ml; The speed of the Henan NE5S55 Maserati cross-country vehicle was about 120 km/h-135 km/h when the accident occurred; the victims Ge and Jia died in the vehicle fire, and the injury of the victim Wang was grade one; Tan Mingming constituted Serious injury is Grade II, Liu Songtao constitutes Grade II serious injury, and Zhang Xiaoqu is Grade I minor injury.
Reporter: Why is this case defined as the crime of endangering public safety by dangerous methods?
Presiding Judge: The Criminal Law of the People’s Republic of China and the Supreme People’s Court’s Opinions on the Application of the Law on the Crime of Drunk Driving stipulate that “a person who commits a crime should be held criminally liable.” Endangering public safety, but ignoring the law while driving while drunk, especially after the accident, continued to drive and crash, causing heavy casualties, indicating that the perpetrator subjectively took a laissez-faire attitude toward the continuing harm and had the intention to endanger public safety. For this type of drunk driving Those who cause heavy casualties shall be convicted of the crime of endangering public safety by dangerous means in accordance with the law.” This case is a serious and vicious case caused by drunk driving. Defendant Tan Mingming continued to drive into a collision and escape after a traffic accident while drunk driving. During high-speed driving in the area, they crashed into a BMW car waiting for a traffic signal, causing the passengers Ge and Jia to die on the spot, and the driver Wang to be seriously injured; the defendants Liu Songtao and Zhang Xiaoqu did not discourage Tan Mingming from driving under the influence. After the accident, Tan Mingming urged Tan Mingming to escape by car, resulting in serious consequences.
The defendant subjectively took a laissez-faire attitude towards the continuing harmful consequences, which objectively caused heavy casualties and property losses, and both constituted the crime of endangering public safety by dangerous means.
Reporter: Please introduce the considerations for the sentencing of the three defendants
The presiding judge: The circumstances of this case are terrible and the consequences are serious. How to convict and sentence the three defendants is the focus of the trial of this case, and it is also an issue of widespread concern from all walks of life.
According to the Criminal Law, the crime of endangering public safety by dangerous means can be sentenced to more than ten years in prison, life imprisonment, or death.
In this case, after the three defendants drank together, the defendant Tan Mingming drove Liu Songtao and Zhang Xiaoqu away. After a traffic accident, the vehicle was unable to pass. When the owner of the crash and the surrounding people were discouraged, Liu Songtao and Zhang Xiaoqu encouraged Tan Mingming to drive away. Obviously, despite the persuasion of the surrounding people, he continued to drive away and hit the victim's vehicle at high speed, causing a tragedy.
Tan Mingming is the direct perpetrator of the crime and the principal offender. He should be severely punished in accordance with the law. Since he was drunk while driving, he did not want to or actively pursue the occurrence of harmful results. This is an indirect intentional crime, which is subjectively vicious and personal. The danger is different from the direct and intentional crime of deliberately driving into a person and deliberately endangering public safety.
After Tan Mingming arrived at the case, he was able to truthfully confess his crimes, confessed, and actively compensated the victim for economic losses. If he showed repentance, he could be given a lighter punishment according to law.
Comprehensively considering the above circumstances and referring to similar cases in recent years, it was decided to sentence Tan Mingming to life imprisonment and deprive him of political rights for life.
The defendants, Liu Songtao and Zhang Xiaoqu, were accomplices. The crime was relatively minor. They actively compensated the victim for economic losses and showed repentance. They can be probated according to law.
Reporter: Please tell us about the trial process and mediation of this case
Presiding judge: The case was filed in our court on December 16, 2019, and the court session will be held on January 16, 2020.
This case caused serious consequences of two deaths and one serious injury, and caused huge economic losses to the victim and his relatives. The three defendants were not only liable for criminal responsibility according to law, but also responsible for compensating the victim for economic losses.
Due to the large number of parties and different demands, the political and legal authorities at the city and county levels and the local party committee and government attach great importance to it. We have conducted a lot of mediation work with relevant departments, and the outbreak of the new crown epidemic after the trial has led to a longer trial period.
But with the joint efforts of all parties, the parties reached a settlement agreement and compensation was in place.
In addition, the victim Wang Moumou is still receiving treatment in the hospital, and we will continue to coordinate the active treatment of relevant departments and give maximum judicial and humanistic care.
Reporter: What are the warning signs of this case
Presiding judge: During the trial of this case, we felt the same as the public, and we were very heavy.
The three young people failed to restrain their behavior. The drunk driving accident caused heavy casualties and resulted in the fragmentation of multiple families and the pain of losing their loved ones. The three defendants were also punished by law.
The occurrence of this case warns us again: First, no one can bear the serious harm caused by drunk driving and the legal responsibilities they face.
From dangerous driving to endangering public safety, it is only one thought and one step away. "Drinking and not driving, driving and not drinking" should become a code of conduct that every citizen consciously abides by. No one should try the law with luck, or they will be subject to the law. Punishment.
Second, in daily life, we inevitably have to participate in some gatherings of relatives and friends. "If you don't drive to drink, you are a true friend." People who drink and drive must be resolutely discouraged and stopped.
If someone drunk driving causes harmful consequences, co-drinkers may also have to bear corresponding legal liabilities, and even be held criminally responsible.
Third, the case has received continuous attention from the public and the news media. The interaction between public opinion and the judicial system is to promote a fair trial of the case, so that the victims and their relatives can receive timely humane care, and the core socialist values can be demonstrated.
We also hope that through the trial of this case, the public will be guided to develop a civilized and standardized driving habit, advocate an active and healthy lifestyle, and establish a consciousness of respecting life and awe of the law, so that our society will be safer, more harmonious and beautiful.