On September 3, 2020, Chen Mou, deputy chief of the Passenger Transport Section of the Highway Transportation Management Office of Zhuzhou City Transportation Bureau, Hunan Province, was arrested in the Tianyuan District Court of Zhuzhou City on suspicion of driving through a red light and causing death. The defendant Chen was detained in the detention center. A certain participated in the trial through remote video.
"I don't think that his family conditions should give him a reduced sentence or a reduced culpability, and it just shows why he has to do such a bastard thing with such a family background." Mr. Cao, the son of the deceased Zhao, believes that the traffic accident The starting point of sentencing for crime is low.
Tianyuan District Court of Zhuzhou City opened a public hearing
>>Drug driving speeding through red light
Toyota overbearing bumper fell off the hood deformed tire
Considering the cause of the epidemic, at 3 pm on September 3, a summary procedure trial was applied, Tianyuan District, Zhuzhou City The court conducted a public trial through remote video, and the trial was broadcast live on the China Trial Public Network.
The Tianyuan District Procuratorate of Zhuzhou City accused that at 9:48 pm on May 16, 2020, Chen drove a Toyota overbearing with a Hunan L license and drove east to west along the Taishan Route in Tianyuan District, Zhuzhou City to the crosswalk in front of the Molin Boutique Hotel , Rushed to the green belt after speeding and ran a red light, broke the tree on the crosswalk, and hit Zhao who was standing at the end of the green belt waiting to cross the road, causing Zhao to die on the spot, causing damage to the vehicle and the green belt.
The speed limit of the incident section in Tianyuan District was 30 km/h, but Chen was driving at 64.6 km/h at the time. The tragic accident caused by severe speeding can also be seen from the car damage: Toyota's overbearing front bumper Deformation and fall off, the right headlight is damaged, the entire hood is deformed, and the right front wheel rim and tire are damaged.
A reporter from China Business Daily learned that on June 17, Chen was detained by the Tianyuan Branch of the Zhuzhou Public Security Bureau one month after the incident occurred, but was not executed. On June 17, Chen was detained by the Zhuzhou Municipal Public Security Bureau on suspicion of a traffic accident. On June 30, he was arrested with the approval of the Procuratorate. The case was investigated by the Zhuzhou Public Security Bureau.
The car accident caused serious damage to Toyota overbearing, deformed hood, and damaged the right front wheel rim and tires
>>The defendant stated in court
claimed to have picked up his mobile phone and caused a car accident. He was in normal mental state. Deputy Chief of the Passenger Transport Section of the Management Office, university education, party member. In the video trial, Chen admitted when asked by the prosecutor and defender that he had taken drugs with others at a certain place in Tianyuan District at more than 1 pm on May 16th. After that, until a car accident occurred, he believed that he was in a mental state during driving. Normal, and did not produce extreme excitement or hallucinations.
Chen said that a car accident occurred while driving because he accidentally picked up his mobile phone and caused the accident. After the accident, he dialed 119, 122 and 110 successively, but did not escape from the scene of the accident.
The court confirmed the analysis and test report issued by the Judicial Appraisal Center. The drug content of the defendant Chen's body exceeded the standard. The blood sample of Chen's submitted for examination detected ketamine (note: commonly known as "K powder") at 14.39ng/ml. The content of 3,4-Methylenedioxymethamphetamine (MDMA, note: commonly known as "ecstasy") is 284.71ng/ml.
The testimony of witnesses Mo and Jiang was shown during the court hearing. Mo's testimony showed that on the day of the incident, he was in a car driven by Chen, but he was sleeping in the car when the accident occurred.
The trial found out that Chen called the police after the incident and waited on the scene to arrive at the case and truthfully confessed his crime. In his public prosecution opinion, the prosecutor stated that the investigation and investigation procedures were legal after the incident, and Chen’s behavior of driving a vehicle after taking drugs is socially dangerous. Chen is a public official, drug abuse is illegal, and driving after drug abuse is even more wrong. Chen takes full responsibility for the accident and has no objection to the result of the accident liability determination. Chen's behavior caused the death of one person and the loss of public property, and he should bear legal responsibility, and the defendant Chen should be held criminally responsible for the crime of traffic accident.
In addition, after the incident, Chen has paid 200,000 yuan for the loss of the victim’s close relatives, and Chen has paid 23019 yuan for the loss of the green belt. During the court trial, Chen’s defender stated that Chen had surrendered, and he took the initiative to call the functional department and sign a letter of repentance. He was willing to plead guilty and punished, and he asked the court for examination.Considering Chen's divorce, Chen's 80-year-old mother was admitted to the ICU to maintain her life on a ventilator, and Chen Shang's high school son needs to be raised as a minor, and Chen should be given a reduced punishment as appropriate. The trial of
lasted for more than an hour, and the presiding judge announced the adjournment of the court. The time for the next trial is to be determined.
The public prosecutor stated that Chen's behavior as a public official who took drugs after driving a vehicle is socially dangerous.
>>cannot be a commutation item
has a mother and a son, why bother to take drugs and drag racing
"I think the starting point of sentencing is too low, this case is complete The criminal case is not criminal and civil. My lawyer can only observe, and the plaintiff is the prosecutor of the procuratorate.” After the trial ended on September 3, Mr. Cao said in an interview with a reporter from China Business Daily, “I have two family members to observe, I am "Watch the live broadcast." Mr.
said: "He protected the scene after a car accident, and then called the police, but we think that others may be unconscious. According to the "Road Traffic Safety Law", if he runs, he belongs to Hit-and-run, and every driver in an accident has the obligation to protect the scene. This is not a commutation item for him. This is an obligation, not that he can get a commutation if he does this."
As a family member of the deceased, Mr. Cao disagrees. The plot of Chen's surrender. "He did not admit to taking drugs within one month of the incident, nor did he take the initiative to confess to the traffic department. He was under various pressures to admit that he took drugs. He did not admit it until a month later, after the traffic police officially opened the case. It has been more than a month since the incident and half a month since the issuance of the traffic accident report. Therefore, we do not think that he had surrendered. He only admitted that he had no choice but to finally admit it." Mr.
said to a reporter from China Business News: "The trial Zhong Chen’s defender said that he had an 80-year-old mother who was in the ICU and could only be intubated, and he had a son who was in high school. However, we believe that his family situation does not constitute a reduction in punishment for his law enforcement offences and drug abuse after driving with multiple people. , After all, my mother gave a life, and I want to ask a question back, knowing that there is an 80-year-old ICU mother, a high school son, and a public official in charge of transportation, why bother to drag drugs with many people? "
The family of the deceased attended the court trial and did not agree with the plot of Chen pleaded guilty and pleaded guilty to surrender
>>Car accident and broken family
The mother left in eighty-year-old grandparents every day is sad
Mr. Cao said sadly: "The 53-year-old mother left. , Our family is broken. My grandfather is 88 years old this year. Both grandpa and grandma are retired veteran cadres. Now it is very sad at home every day..." Mr.
said: "We also hope that the case can be heard fairly and fairly, but until Now, I don’t think he is a negligent crime. I don’t think he has so many commutation items. I don’t agree with “active compensation, surrender, pleading guilty, and no criminal record”. I don’t think that his family conditions should be. Reducing his sentence or reducing his guilt, and it just shows why he has such a background in family life, why he should do such a bastard thing."
talked about civil compensation, Mr. Cao said: "The case is divided between criminal and civil, and the civil part is currently prepared. Prosecute to the court, for our family, civil compensation will be pursued after the criminal case is finished. What we care more about is his sentence and the punishment of the law. After all, no amount of money can be bought back. Fairness, fairness, and life.”
talked about the source of Chen’s drug use and the handling of other drug users in the car. Mr. Cao said: “The prosecutor’s office said that the relevant personnel have handled it, but that’s another case. Other drug users, Drug-taking places are handled separately. "
Chen was driving at 64.6 kilometers per hour, and the impact caused Toyota's overbearing bumper to deform and fall off
>> Third-party lawyer's opinion
should be sued
for the crime of endangering public safety in a dangerous way. "Should be dangerous It is advisable to prosecute the crime of endangering public safety.” On September 3, Zhao Liangshan, a senior partner of Shaanxi Hengda Law Firm and a well-known public welfare lawyer, accepted an interview with a reporter from China Business Daily and gave a legal interpretation of the case.
Zhao Liangshan introduced that Article 67 of the Criminal Law stipulates that after committing a crime, he voluntarily surrenders to the crime. If he truthfully confesses his crime, he is surrendered. "The most important feature of surrender is automatic surrender and truthful confession." Automatic surrender refers to the facts of the crime or the suspect has not been discovered by the judicial authority, or even though it has been discovered, But when the criminal suspect has not been interrogated or taken compulsory measures, he shall take the initiative and directly surrender to the public security organ, the procuratorate or the court.
Zhao Liangshan believes, “In this case, Chen voluntarily admitted the act of hitting a person, which is a confession, because running a red light and speeding and hitting a person has already constituted a crime. As for whether or not drug use is made, what kind of crime constitutes should be considered by the judiciary. Perhaps drug use will affect the crime or the severity of the case, but this does not affect Chen's admission of the crime."
Zhao Liangshan believes that it is appropriate to prosecute the crime of endangering public safety in dangerous ways. According to the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents", traffic accidents cause more than one person to be seriously injured and bear all or the main responsibility for the accident, such as driving a motor vehicle after drinking or taking drugs, they shall be convicted and punished for the crime of traffic accidents.
"The crime of drug driving is classified as the crime of traffic accident, but the crime of traffic accident must require the perpetrator to be ideologically negligent, such as being ignorant of the drug being put in a drink." Zhao Liangshan pointed out that in this case, Chen As the deputy chief of the Transportation Management Office, he often participates in anti-drug operations, and has certain cognition and judgment on drugs and the possible consequences of drugs. "If Chen is not taking drugs for the first time, he has certain experience and knowledge about behaviors that are out of control after taking drugs. Then, at this time, he knew that the road section where the vehicle was driving was high in traffic, it was a downtown area, and was prone to accidents. He still drove after taking drugs. Subjectively, he had indirect intention to let the harm result, and objectively implemented behavior that endangers the safety of road people, and The result of causing the death of others and the loss of public property meets the constitutive requirements of the crime of endangering public safety by dangerous means. The criminal law shall be convicted and sentenced in accordance with the first paragraph of Article 115 of the Criminal Law, “arson fire, break water, explode, poison, or Anyone who uses other dangerous methods to cause serious injury or death or cause major losses to public or private property shall be sentenced to more than 10 years of fixed-term imprisonment, life imprisonment, or death. "
Zhao Liangshan said that Chen, as the deputy chief of the Operations Management Department, will not increase the punishment for Chen, but it can directly affect Chen's foresight and subjective attitudes towards the outcome of the crime, thereby qualitatively determining the crime. In the end, how to sentence and how much to sentence should be determined based on whether Chen has taken drugs, whether he has taken drugs repeatedly, subjective intention or negligence, the result of the crime, and whether the crime is bad.
China Business News reporter Li Hua editor Zhang Hong
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