Chinanews Client Beijing, January 7 (Peng Ningling) The "Cargo Lala Female Passenger Falling and Death Case" that has attracted public attention has made new progress. On the 7th, the Changsha Intermediate People's Court committed negligence against the appellant Zhou Yangchun in accordance with the law. The second-instance ruling was made in the death crime case, the appeal was rejected and the original sentence was upheld.
On the afternoon of the 7th, Zhou Yangchun was informed of the results of the second trial and told Chinanews.com that he was dissatisfied with the results and will appeal to the end.
Previously, on September 10, 2021, the Yuelu District People’s Court of Changsha City made a first-instance verdict on the case and found that Zhou Yangchun was guilty of negligence causing death, considering that he had surrendered, confessed guilt and punished voluntarily, and actively rescued the victim. He was sentenced to one year's imprisonment and suspended for one year.
The court stated that after the verdict of the first instance was pronounced, Zhou Yangchun filed an appeal to the Changsha Intermediate People's Court. In the written appeal, he did not object to the facts and evidence found in the judgment of the first instance.
During the trial of the second instance, Zhou Yangchun and his defenders raised objections to some facts and evidence, and the review did not affect the conviction and sentencing of the case.
After reviewing the files, interrogating the appellant, and hearing the opinions of the defender and the procuratorial organ, the Changsha Intermediate People's Court found that the facts of the case were clear, and in accordance with the relevant provisions of the Criminal Procedure Law, decided not to hold a court trial for the second instance.
According to the court, the appellant Zhou Yangchun was a signed driver of Shenzhen Yishihuo Lala Technology Co., Ltd. after investigation.
On the afternoon of February 6, 2021, after receiving an order for the victim's car to move through the platform, he drove to the agreed place at 20:38 that day.
Zhou Yangchun was dissatisfied because of the long waiting time for loading, and Che refused to accept the paid loading service and paid the delayed waiting fee, resulting in less profit for the order.
At 21:14, Zhou Yangchun picked up the car and set off, but did not remind the car who was sitting in the co-pilot position to fasten the seat belt.
On the way, Zhou Yangchun asked Che to provide unloading and removal services for a fee, but was refused again, and became more dissatisfied.
Zhou Yangchun didn't follow the recommended route of the platform, and chose a relatively time-saving route with few people and vehicles and dim lights.
When Che discovered Zhou Yangchun had deviated from the navigation route and drove into a remote section, he was prompted to yaw four times. Zhou Yangchun had a bad attitude and quarreled with Che.
Che Moumou was in fear, and he stuck his head out the window and asked to stop.
Zhou Yangchun found that the car grabbed the lower edge of the right side window of the truck with both hands, and his upper body leaned out of the car, possibly crashing. Although the double flashes were turned on to warn the car behind, no stopping or braking measures were taken.
Later, when Che fell from the car window, Zhou Yangchun stopped and dialed the emergency number 120 and the emergency number 110.
Che died on February 10, 2021 due to a severe head injury caused by a collision with the ground.
After the incident, Huolala paid medical expenses and funeral expenses to Che's parents.
Data map: On September 10, 2021, the Yuelu District People's Court of Changsha City conducted a public trial and pronounced a sentence on the case of the Yuelu District People's Procuratorate accusing the defendant Zhou Yangchun of the crime of negligent death.
Photo by Zhong Xin at the scene of the trial
The Changsha City Intermediate People’s Court held that after receiving the order on the platform, the appellant Zhou Yangchun was dissatisfied with the long waiting time for loading and the refusal of two proposed paid removal services. He had a bad attitude during the transportation service and had a bad attitude with Che. A quarrel occurred, ignoring Che's four-time opposition to yaw, and at 9 o'clock in the evening, he insisted on driving the car into a remote section with few people and vehicles and dimly lit roads, which caused a psychological panic for Che.
The court stated that Zhou Yangchun believed that he could avoid the dangerous situation that the car was leaning out of the car and might crash, and failed to take effective measures such as stopping or braking in time, causing the car to crash and die.
Zhou Yangchun, as a professional driver with many years of driving experience, failed to fulfill the obligation of safety protection and the obligation to prevent danger caused by his prior behavior. There is a causal relationship between his negligent behavior and the death of Che's crash and has constituted negligence. The crime of causing death.
The original judgment found that the facts and the applicable law were correct, the sentencing was appropriate, and the trial procedures were legal, and the aforementioned ruling was made in accordance with the law.
Zhou Yangchun.
Photo courtesy of interviewee
On the afternoon of the 7th, Zhou Yangchun, the driver involved in the case, revealed to Chinanews.com that at around 1:10 pm that day, the Changsha Yuelu District Court informed him to go to the court at around 3:50. After that, Zhou Yangchun was informed of the second-instance ruling.
Zhou Yangchun told Chinanews.com that he was dissatisfied with the results of the second trial.
He believes that the female passenger crashing is undoubtedly a tragedy, but he could not foresee her jumping behavior at all, and could not stop it. There was no direct relationship between his actions at the time of the incident and the death of the girl jumping from the car.
Zhou Yangchun said that he will appeal the case to the end.
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