The second-instance lawyer in the Huolala driver case: the file has been reviewed, and whether the driver can foresee jumping off is one of the focuses

　　The female car Mousa called for a car to move, and was seriously injured in a crash while following the car. The driver Zhou Yangchun, who took the order, was convicted of negligence causing death in the first instance and was sentenced to probation. This matter has aroused widespread concern.

　　On September 27, The Paper (www.thepaper.cn) exclusively disclosed the news that the truck driver Zhou Yangchun had filed an appeal.

On October 27th, Zhou Yangchun’s wife stated through a Weibo public statement that her husband did not accept the first-instance verdict and filed the above, and entrusted a lawyer to participate in the second-instance trial, hoping that the Changsha Intermediate People's Court could ascertain the facts and return him to his innocence.

　　On October 27, Zhou Yangchun’s second-instance attorney He Zhijuan introduced that she had previously submitted relevant procedures to the Changsha Intermediate Court. Due to the delay of the epidemic, she arrived in Changsha the night before. She has now copied all the case files. And will submit a series of applications to the court.

　　He Zhijuan said that his main focus included what faults Zhou Yangchun had in this case, whether there was a criminal causal relationship between these faults and the death of Che Mousha; whether Che Mousha voluntarily jumped off the car or accidentally crashed; Zhou Yangchun is about whether Che Mousha's crash can be foreseen and whether it can be avoided.

In addition, because Zhou Yangchun proposed that the police had induced a confession during the investigation stage, the lawyer also ruled out the application for illegal evidence.

Car crash within 1 minute

　　According to the Changsha police report, at 15:00 on February 6, Zhou Yangchun received Che's moving order through the Huolala platform. At 20:38 that day, Zhou Yangchun got in touch with Che.

While following the car, Che Mousha crashed and was seriously injured and died in the end.

According to the judgment of the first instance, Zhou Yangchun received a moving order from Che Mousha through the Huolala platform to transport goods from Tianyimeiting, Yuelu District, Changsha City, to BBK Meixihu International Apartment. The distance is 9 kilometers and the user prepaid the fare 39 yuan. The platform subsidy is 12 yuan, and the driver should charge 51 yuan.

　　After the two parties got in touch, Zhou Yangchun waited for the car to move objects and pet dogs to the truck from the mezzanine on the first floor 15 times, which took nearly 40 minutes.

During the handling process, Che Mousha rejected Zhou Yangchun's paid handling proposal.

At 21:14 that day, Zhou Yangchun carried the car to the destination. During the driving, Zhou Yangchun did not follow the recommended route of the Huolala platform.

At 21:29, Zhou Yangchun turned right from Jiayuan Road to Linyu Road, and continued to drive west on Linyu Road. After Che Mousha noticed it, he twice prompted him to yaw.

Zhou Yangchun ignored it at first, and then replied loudly to Che Mousha, saying that the detour would not be overcharged.

　　When Zhou Yangchun turned left from Linyu Road onto Quyuan Road, Che Mousha reminded Zhou Yangchun that the vehicle was yaw for the third time, but Zhou Yangchun did not answer.

Subsequently, in the middle of Quyuan Road with few vehicles and dim street lights, Che Mousha reminded him of the deviation from the navigation for the fourth time, and put his head out of the window, asking Zhou Yangchun to stop.

　　At this time, Zhou Yangchun still ignored it.

Afterwards, Zhou Yangchun found that Che Mousha had left the seat, grabbing the lower edge of the right side window of the truck with both hands, and her upper body had already leaned out of the car.

The vehicle speed was about 33 km/h.

Seeing this situation, Zhou Yangchun only turned on the double flashing lights, but did not stop immediately to stop and effectively reduce the speed of the car.

Later, Zhou Yangchun observed the situation of the co-pilot and found that Che Mousha had fallen from the car window.

At this time, Zhou Yangchun braked and stopped at approximately 21:30 on the same day.

　　It took only 1 minute from Che Mousha's first yaw to its crash.

Convicted of death by negligence in the first instance

　　The Paper noted that the crash of Che Mousha occurred on February 6.

On the night of the incident, Zhou Yangchun was questioned by the public security organs, but no coercive measures were taken.

On February 10, Che Mousha died after being rescued. It was identified that Che Mousha's head collided with the ground and died of severe head injury.

Then the family of Che Mousha sought help from public opinion.

As Huolala was unable to provide audio and video evidence of the car, the death of Che Mousha became a suspicious case.

The topic "A 23-year-old girl jumped to death on a truck" has reached 1.48 billion views on Weibo.

　　On February 23, the public security organ detained Zhou Yangchun on suspicion of negligence causing death; on March 3, the procuratorial organ approved the arrest.

　　On September 10, the Yuelu District Court opened a trial in this case and sentenced in court: Zhou Yangchun was guilty of negligence causing death and sentenced to one year’s imprisonment with one year’s suspended sentence.

　　The court held that “Zhou Yangchun, as a contracted driver of Huo Lala Company, was dissatisfied with the long waiting time for loading and the refusal of two proposed fee-carrying services. He violated platform safety rules and did not remind Che Mousha to be safe. He also had a bad attitude in the transportation service. He repeatedly ignored Che's one-click against yaw and traveled to a cheaper section, which caused Che to leave the seat and leaned out the window in fear. Zhou Yangchun found the car After Mousha’s dangerous actions, he had foreseen that Che Mousha might crash, but he believed that it could be avoided, and failed to take effective measures in time, resulting in the harm of Che Mousha’s fall. The result of Zhou Yangchun’s negligent behavior and Che Mousha’s death There is a causal relationship in the criminal law, and their behavior has constituted the crime of negligence causing death."

Driver Zhou Yangchun: I was isolated from the outside world before going home and did not understand the case

　　The Paper previously reported that before the Yuelu Court's first trial, Zhou Yangchun signed a guilty plea, agreeing to the prosecution's "one postponed one" sentencing recommendation, and pleaded guilty at the first instance trial.

Zhou Yangchun was subsequently released in court.

　　Zhou Yangchun later filed an appeal. He told The Paper that after receiving the judgment, he felt that something was different from what he had said before. The most important thing was that he did not expect that Che Mosha would "jump the car."

　　Why is there such a change?

On October 27, Zhou Yangchun explained to The Paper: “After being arrested, I was isolated from the outside world until I was released home on the day of the verdict of the first instance. I did not understand the development of the case.”

　　The Paper previously reported that Zhou Yangchun's wife had posted on Weibo many times to request the replacement of Zhou Yangchun's legal aid lawyer.

　　At the opening of the first instance, Zhou Yangchun's two legal aid lawyers pleaded guilty and innocent respectively.

On October 27, Zhou Yangchun tried to contact his first-instance lawyer to copy his defense of innocence, but failed.

　　Zhou Yangchun said that the public security had concealed key evidence in his favor.

"From February 6th to March 10th, I made a total of 40 to 50 transcripts, but the police only chose a few of them to put into the case file, especially the transcripts made between February 6th and 8th. , Which can truthfully reflect the true incident, but none of them are included."

　　Zhou Yangchun emphasized that it took only 1 minute for Che Mousa to crash when she proposed a yaw, and it only took 3 seconds to find Che Mosha leaning out of the window to the crash.

"I have no time to think about things in a flash, let alone make any reaction."

　　Regarding Zhou Yangchun's above statement, Zhou Yangchun's wife provided a recording stating that the investigators had responded.

Regarding the legal aid lawyer, the investigator said, “Go ask him if he wants the legal aid lawyer himself, or we grabbed his handwriting (agree).” The investigator said, “There are audio and video recordings throughout the process. . We only talk about facts and nothing else. What happened in the car is not what you want to say. You must respect the objective facts.” Zhou Yangchun’s wife told The Paper that the public security organs had visited Qi’s home in Yiyang before. The mother "does work", the case-handling officer responded by saying that it only shows that negligent crime is different from deliberate crime, and is completely different in terms of political trial.

　　"In short, the key to the core of this case is that Che Mousha has only two or three seconds from leaning out to jumping off the car. I still don't know why she jumped off the car." Zhou Yangchun said that he hoped that the Intermediate Court would be able to Find out the facts and return him innocence.