On the evening of July 31, 2018, in the section in front of the north gate of Rongcheng Garden Hotel in Yuhua District, Changsha, a young woman named Yi got out of a white BMW and sat on the roadside in panic. A few minutes ago, the BMW she was driving hit two men chatting on the roadside and then collided with a sprinkler truck. The two men who were hit died on the spot.
Red Net previously reported: A post-90s girl was involved in a car accident while driving drunk in Changsha, and the BMW was a borrowed one!
The verdict shows that at about 11 o'clock that night, Yi and her friend Yan were drinking at the ONEBEER Qing Bar in Desiqin Plaza, Yuhua District, Changsha City. Later, Yi's boyfriend Peng drove a BMW small car to pick her up. The two were in the car An argument broke out inside. Yi took advantage of Peng's opportunity to get out of the driving position, climbed from the passenger seat to the driving position, and then drove west to east along Xiangfu Road, Yuhua District, Changsha City.
At about 23:45 that day, Yi drove the above-mentioned vehicle at high speed along Xiangfu Road in Yuhua District, Changsha City to the section in front of the north gate of Rongcheng Garden Hotel in Yuhua District. The victim Xu was driving a two-wheeled electric vehicle. He stopped at the road section near the central isolation guardrail and was chatting with the victim Zhang. The car driven by Yi collided with Xu, his electric car, and Zhang one after another, and then collided with an unlicensed sprinkler truck parked at the central isolation guardrail, causing damage to three vehicles. Xu and Zhang Traffic accident resulting in death on the spot. Yi surrendered to the traffic police at the scene of the accident.
Yi Mou, female, was born in Miluo City, Hunan Province in March 1993. Han nationality, high school education, unemployed, domicile is in Miluo City, Hunan Province, and residence is Miluo City. On suspicion of committing a traffic accident, he voluntarily surrendered on July 31, 2018. He was criminally detained on August 2 of the same year and arrested on August 15.
After testing, the ethanol content in the blood of the defendant Yi was 82.5 mg/100 ml. The traffic police department determined that the defendant Yi bore full responsibility for the traffic accident.
After forensic identification, the victim Xu Moubo died of head injury and chest and abdominal organ damage caused by a traffic accident. The victim Zhang Moukun died of chest and abdominal organ damage caused by a traffic accident.
After the incident, the relatives of the defendant Yi Mou compensated the relatives of the murdered Zhang Kun and Xu Moubo for their economic losses of RMB 100,000 each.
The court of first instance held that the defendant Yi violated traffic and transportation regulations and drove a motor vehicle at speed while drunk. As a result, a major accident occurred, resulting in the death of two people, and he was fully responsible for the accident. His behavior constituted the crime of traffic accident. If the defendant Yi can voluntarily surrender after committing a crime and truthfully confess his crime, he surrenders; and his relatives have compensated part of the economic losses of the victim's relatives on his behalf, he may be given a lighter punishment. The original trial ruled according to law: Defendant Yi was guilty of traffic accident and sentenced to fixed-term imprisonment of four years.
Yi appealed, claiming that he had already partially compensated the victim’s family for their economic losses, and that the sentence in the first instance was too harsh, and requested that probation be applied in the second instance.
After the trial, it was found that the facts determined by the Changsha Yuhua District People's Court were clear. The relevant evidence for determining the facts of this case had been presented in court during the first instance trial and had been cross-examined. After a comprehensive review in accordance with the law, this court confirmed the facts identified in the first-instance judgment and the evidence listed therein.
The Changsha Intermediate People's Court held that the appellant Yi violated traffic and transportation management regulations, resulting in a major traffic accident, resulting in the death of two people, and bore full responsibility for the accident. His behavior constituted the crime of traffic accident. The appellant Yi voluntarily surrendered and truthfully confessed his crime, and could be given a lighter punishment in accordance with the law. Yi's family will compensate the victim's family for part of their economic losses and may be given a lighter punishment as appropriate. Regarding the appeal grounds raised by the appellant Yi that he had partially compensated the victim’s family for their economic losses and that the first-instance sentence was too harsh, and requested for a suspended sentence in the second-instance, this court held that Yi had a traffic accident while drunk and caused the death of two people, and he bore full responsibility for the accident. According to the law, He should be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years. The original judgment comprehensively considered the facts and nature of his crime, as well as the mitigating circumstances such as his surrender and partial compensation, and sentenced him to a fixed-term imprisonment of four years. The sentencing was not inappropriate. The grounds for appeal are untenable and will not be accepted by this court. The facts found in the original judgment were clear, the evidence was reliable and sufficient, the conviction was accurate, and the sentence was appropriate. The appeal was dismissed and the original judgment was upheld.
