learned from two situation reports released by Ping An Yongcheng Weibo: At around 22:42 on July 3, 2019, Tan (female, 23 years old) drove Henan NE after being drunk (blood alcohol content 167.66mg/100ml) When the ××55 off-road vehicle drove to the local tax lane section of Dongcheng District, Yongcheng City, it scraped against several small cars parked and driving normally on the roadside and then escaped. When it arrived at the intersection of Donghuan Road and Yongxing Street, it collided with Wang The driver of the Henan N0××2L small car waiting for the green light rear-ended, causing the Henan N0××2L vehicle to burn. Two people in the car were killed and one was injured. Three people in the car that caused the accident were injured. The three suspects have been controlled at the scene, the injured are being treated, and the accident is being handled in accordance with the law.
On July 4, the public security organs took criminal coercive measures against Tan, Zhang and Liu on suspicion of endangering public security. The public security organs will handle the case in accordance with the law, and the investigation results of the case will be announced to the public in a timely manner.
Many netizens said that vicious drunk driving accidents occur frequently, and drunk driving sentencing will be increased. The reporter interviewed lawyer Qiu Shuai of Shandong Guoyao Law Firm on this matter. Lawyer Qiu said that this incident was mainly a case of dangerous and dangerous driving with multiple behaviors and consequences.
The perpetrator, Tan, drove a motor vehicle after drinking. His blood alcohol content was 167.66mg/100ml, which met the standard for drunk driving. According to Article 133-1 of the Criminal Law, "Dangerous Driving Crime", driving a motor vehicle on the road involves chasing and racing, and the circumstances are egregious; those who drive a motor vehicle while intoxicated shall be detained for 1 to 6 months and shall be fined, and shall constitute Those who commit other crimes shall be convicted and punished in accordance with the provisions on heavier penalties.
At the same time, the perpetrator, Tan, caused death and serious injury while driving drunk, and the circumstances were egregious and committed the crime of "endangering public safety in a dangerous manner." According to Article 115 of the "Crime of Arson, Breaking Water, Explosion, Crime of Dropping Dangerous Substances, Crime of Endangering Public Safety by Dangerous Methods 2", "Crimes of Arson, Breaking Water, Explosion, and Dropping Poisonous, Radioactive, and Infectious Disease Pathogens" Anyone who causes serious injury or death or causes heavy losses to public or private property by other dangerous methods or other dangerous methods shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death.
According to the situation released by Ping An Yongcheng, we found that there were three people in the car at the time of the accident. Tan, Zhang, and Liu were all injured in the accident. So what responsibility do Zhang and Liu bear for this accident? Lawyer Qiu said that the responsibility of the two passengers in the car involved in the accident still needs to be determined by whether they knew that Tan was driving drunk. Moreover, Tan had scraped with many vehicles before the accident with the BMW. Did Zhang and Liu allow Tan to hit and run?
If you are indeed aware that Tan was driving drunk and allowed him to hit and run without persuading him, according to Article 14 of the Criminal Law: "Whoever knows that his behavior will have consequences that are harmful to society, and hopes or allows such consequences to occur, thus constitutes a crime," It was a deliberate crime." That is, the psychological attitude expressed by the perpetrator, allowing the harmful consequences of the behavior to occur is an indirect intentional crime.
On December 14, 2008, Chengdu driver Sun Weiming drove drunkenly without a license and crashed into 5 cars, causing 4 deaths and 1 injury. On July 23, 2009, Chengdu Intermediate People's Court ruled that Sun Weiming was sentenced to death for "the crime of endangering public safety by dangerous means" for driving without a license and drunkenness. This verdict caused an uproar across the country. It was the first death penalty case in China for drunken driving. However, due to his good attitude towards pleading guilty and actively compensating the victims for their financial losses, Sun Weiming was eventually changed from the death penalty to life imprisonment.
As soon as this incident came out, many netizens were very angry. They thought that the female driver of the drunk driver escaped first and then rear-ended the car and caught fire. The BMW owner was too innocent. They left messages asking for the death penalty. What do you think of the different voices responding to this incident? (The final judgment is based on the official notification. This article is based on the lawyer's opinion and analyzes the current official notification.)
Qilu Evening News · Qilu One Point Zhang Zisen Li Xiaoxu
Legal consultation: Shandong Guoyao Law Firm Qiu Shuai
