On November 6, the first instance of the much-watched Maserati collision case in Yongcheng City, Henan Province, was pronounced. Tan Mingming, who drove a Maserati while drunk, was found guilty of endangering public safety by dangerous means and was sentenced to life imprisonment.
Picture of a BMW that caught fire after being hit in an accident. According to CCTV News
On November 6, 2020, the Shangqiu Intermediate People’s Court of Henan Province sentenced the defendants Tan Mingming, Liu Songtao, and Zhang Xiaoqu at the Yongcheng People’s Court for endangering public safety in dangerous ways. The case was pronounced publicly. For the crime of endangering public security by dangerous means, the defendant Tan Mingming was sentenced to life imprisonment and deprived of political rights for life; the defendant Liu Songtao was sentenced to three years in prison with three years of probation; the defendant Zhang Xiaoqu was sentenced to three years in prison with three years of probation.
The court found that at about 19:00 on July 3, 2019, the defendants Tan Mingming, Liu Songtao, and Zhang Xiaoqu gathered for dinner and drinks at a skewers restaurant in Dongcheng District, Yongcheng City, Henan Province. Tan Mingming drove a Henan NE5S55 Maserati off-road vehicle and pulled Liu Songtao. , Zhang Xiaoqu left and drove along many urban road sections such as Tuobin Road and Wenhua Road in Dongcheng District, Yongcheng City. When
arrived at Huayuan Road, he continuously scratched six cars parked on the roadside, and then collided with a car coming from the opposite direction and a car parked on the roadside. He was forced to stop because he could not pass. The owner of the crashed car and the surrounding people came forward to dissuade him. Liu Songtao and Zhang Xiaoqu, who were sitting in the back row, told Tan Mingming to leave quickly.
Tan Mingming immediately drove out and fled along Huayuan Road and Cheji Road towards the East Outer Ring Road. When he arrived at the intersection of East Outer Ring Road and Yongxing Street, he rear-ended the Henan N0182L BMW sedan waiting for the traffic signal at high speed, causing the BMW to crash. The car caught fire, killing two people and seriously injuring one person in the car, causing a total loss of more than 100,000 yuan to other people's vehicles.
After identification, the blood alcohol content of the defendants Tan Mingming, Liu Songtao, and Zhang Xiaoqu were 167.66 mg/100 ml, 231.10 mg/100 ml, and 170.36 mg/100 ml respectively. The blood alcohol content of the victim Wang Moumou was 0 mg/100 ml. ; When the Henan NE5S55 Maserati Levante was involved in the accident, the speed was about 120 km/h - 135 km/h; the victims Ge and Jia died in the vehicle fire, and the victim Wang's injury was serious injury level one; Tan Mingming suffered a serious injury of the second degree, Liu Songtao suffered a serious injury of the second degree, and Zhang Xiaoqu suffered a minor injury of the first degree.
During the trial of this case, the three defendants and their close relatives compensated the injured party for its economic losses and reached settlement agreements with the injured party respectively.
The Shangqiu Intermediate People's Court held that the defendant Tan Mingming knew that drunk driving was illegal and would endanger public safety, but ignored traffic regulations and public safety. After a drunk driving accident caused a traffic accident, he ignored dissuasion and continued to drive and escape in the city. Driving at high speed in the area caused serious consequences and property losses, causing two deaths and one injury. He subjectively had a laissez-faire attitude towards the continued harmful consequences and had the intention to endanger public safety; after the defendants Liu Songtao, Zhang Xiaoqu and Tan Mingming drank together, they Tan Mingming refused to dissuade him from driving under the influence, and encouraged Tan Mingming to drive away after the accident, resulting in serious consequences. The actions of the three defendants all constituted the crime of endangering public safety by dangerous methods. The public prosecutor's office found him guilty. The three defendants committed a joint crime. Among them, Tan Mingming drove drunk and was the direct perpetrator of the crime. He was the principal offender. The crime was egregious and the consequences were serious and should be punished in accordance with the law. Liu Songtao and Zhang Xiaoqu played a minor role in the joint crime and were accessories. , the penalty can be reduced. In view of the fact that the defendant was drunk at the time of the incident and subjectively did not want or actively pursue the occurrence of harmful consequences, it is an indirect intentional crime. Its subjective viciousness and personal danger are different from the direct intentional crime of intentionally driving and intentionally endangering public safety. There is a difference. After Tan Mingming arrived at the case, he truthfully confessed his crime, which was a confession, and he actively compensated the victim for the economic losses. He showed remorse and could be given a lighter punishment according to the law. The defendants Liu Songtao and Zhang Xiaoqu committed relatively minor crimes and actively compensated the victim for the economic losses. , if he shows repentance, he may be suspended from probation in accordance with the law. The above judgment was made in accordance with the law.
More than 50 people, including relatives of the parties involved, deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, journalists and people from all walks of life, attended the sentencing.
Source: Shangqiu Intermediate People's Court
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Source: Guangdong Radio and Television Station
