Knowing drunk driving but failing to stop the co-pilot commander is an accomplice
□ Our reporter Huang Hui
□ Liu Wanchun, correspondent of this newspaper
Recently, the People's Court of Yuanzhou District, Yichun City, Jiangxi Province opened a trial for a dangerous driving case and sentenced the defendant Wu to 4 months of detention, suspended for 6 months, and fined 6,000 yuan; sentenced the defendant Pan to 2 months of detention , suspended for 4 months, and fined 4,000 yuan.
The court found out that on the evening of November 17, 2021, Wu and Pan had a dinner with their co-workers.
During this period, Wu drank 3 bottles of beer and two glasses of liquor, and Pan drank 3 bottles of beer and half a cup of liquor.
After the dinner, Wu proposed to drive by himself, and Pan handed over the car to Wu, who commanded from the passenger cab.
While the vehicle was driving, Wu mistakenly used the accelerator as the brake and collided with a three-wheeled motorcycle waiting in front of him.
The traffic police conducted an on-site breath alcohol test on Wu, and determined that the alcohol content in his blood was 138mg/100ml. According to the identification of the Jiangxi Yichun Judicial Appraisal Center, Wu's blood ethanol content was 159.45mg/100ml.
Subsequently, the public prosecutor took the case to the court.
The court held that the defendants Wu and Pan both constituted the crime of dangerous driving and were a joint crime.
Knowing that Wu had no proficient driving skills and was drinking, Pan still provided a vehicle and taught him to drive, and punished the two defendants with heavier punishments as appropriate; since the defendants could truthfully confess their crimes after arriving at the case, they were willing to accept the punishment. And the victim has reached a mediation agreement for damage compensation, and he can be given a lighter punishment.
Accordingly, the court of first instance made the above judgment.
Judge's statement
The judge said after the court that the criminal law stipulates that a joint crime refers to a joint intentional crime committed by two or more persons.
In this case, the car owner Pan Mou, knowing that the co-accused was drinking, still handed over his car to the co-driver to drive, endangering public safety, and his behavior constituted an accomplice of the crime of dangerous driving.
The judge reminded that, in addition to the circumstances of this case, the act of persuading, coercing, or stimulating others to drink alcohol, knowing that others must drive, and not finding a chauffeur for them after drinking; The act of moving a car; the act of lending the vehicle to the borrower even when he knows that the borrower is intoxicated and asks to drive a motor vehicle, may also constitute a joint crime of the crime of dangerous driving.