"The relationship is deep, and the mouth is stuffy; the relationship is shallow, and lick it." "The relationship is really strong, and you are not afraid of stomach bleeding." At the wine table, various tricks and rhetorics of persuading drinking are unbearable. But some people don’t know that they have laid the consequences for themselves by urging them to drink with such enthusiasm. On March 22, the reporter learned from the Yangzhou Intermediate People's Court that recently, Yizheng Court accepted a lawsuit caused by excessive drinking.
On February 2019, Mr. Qi was invited to a friend’s party, and the location was set at his friend Xiao Shi’s home. While drinking, everyone around was drinking a few glasses of wine, Xiao Shi came to Mr. Qi with a glass of wine.
Friends around him were also making excuses, and Xiao Shi left Mr. Qi's unbearable situation behind him and determined to toast to Mr. Qi. As the host, Xiao Shi proposed, "If you don't drink, you won't be enough friends. If you don't drink, you look down on me."
not only verbally persuaded, but Xiao Shi opened a new bottle of white wine. "If you don't drink with me, you just don't give me somebody's face." "I'll be allergic to drinking, but I really don't have enough alcohol." "It's okay, I'll have antibodies if I drink twice." Various tricks of persuading alcohol came, and Mr. Qi gradually loosened. For the sake of face, Mr. Qi had to drink freely.
Someone toasted one after another, but Mr. Qi couldn't resist it and toasted frequently with his teeth. After three rounds of drinking, everyone left one after another, and the time pointed to around 2 pm. Xiao Shi did not leave everyone to rest. Although Mr. Qi was a little dizzy, he was still preparing to ride a motorcycle home. Little did they know that a thrilling scene was about to happen.
After drinking, my mind was not clear, and Mr. Qi's reaction also became slow. A truck was reversing on the side of the road. Mr. Qi passed by and had no time to brake, and he hit the car with his car. There was a loud "bang" sound, and the driver realized that the rear of the car seemed to have been hit. After getting off the car, he found that Mr. Qi was drunk and fell to the ground, and there was a two-wheeled motorcycle next to him...
The person involved called the police when he saw this. The traffic police rushed over and investigated the situation on the scene, and inquired about the person involved in the accident. "This gentleman obviously had drunk alcohol and was smelling alcohol all over his body." After being sent to the hospital, the police found that the alcohol content in Mr. Qi's blood exceeded the standard and had reached the drunk driving standard, and the truck driver did not have drunk driving or drunk driving.
At the same time, the injured Mr. Qi was also taken to the hospital. After diagnosis by the hospital, Mr. Qi was injured in many places, including concussion, cervical fracture, skin contusion, etc., which cost a lot of money during the treatment period. A few months later, Mr. Qi obtained an accident certificate issued by Yizheng Traffic Police Department.
The police determined that the truck driver drove the vehicle backward into the road, and the impact on the fall of the motorcycle driven by Mr. Qi on the road cannot be determined, and Mr. Qi was driving without a license or driving under the influence.
In order to recover compensation, Mr. Qi chose to go to court with the truck driver. In this lawsuit, Yizheng Court held that the plaintiff Mr. Qi failed to obtain a motor vehicle driver's license and drove on the road while drunk. He did not observe the road surface enough and improper measures in the situation were the main factors causing the accident. The defendant did not observe the road surface enough during the reversing process, which affected the normal passage of vehicles on the road surface, which was a secondary factor causing the accident. The court ordered that the defendant bear 20% of the compensation liability, and the plaintiff was eventually compensated nearly 20,000 yuan. This civil compensation lawsuit has been settled, and Mr. Qi must bear 80% of his own responsibility.
The disaster is not singular, and Mr. Qi cannot escape legal sanctions. Mr. Qi was sentenced to two and a half months of detention and was fined 2,500 yuan for his illegal driving while driving while drunk.
"This time the price is really great. Not only was it physically injured but also lost work. Now life is not settled." Mr. Qi finally realized that the price of drunk driving is so high. But he thought about it and had already taken the responsibility he should bear, but the person who advised him to drink was to blame. "These are the results of Xiao Shi's persuasion to drink and caused me to be drunk."
In Mr. Qi's view, Xiao Shi used various methods to stimulate him to drink, and even though he knew that he was drunk, he did not arrange for someone to escort him home, which led to the car accident. In order to ask for an explanation, Mr. Qi went to Yizheng Court to sue Xiao Shi, who persuaded him to drink.
learned that the plaintiff and the defendant were friends. In order to achieve the effect of the case closing, the judge recently organized the two parties to mediate. The judge analyzed and explained the causes of the accident, the faults of each party and relevant legal knowledge, and explained the pros and cons.
"The person who persuaded drinkers should realize that drinking too much alcohol can cause physical harm or even death. In this case, if you still persuade him to drink, let him get drunk, subjectively intentionally make him drunk, or knowing that it will cause harm to the drinker but be trusted, it can be avoided, that is, it constitutes a fault commonly mentioned in the Civil Law." The judge explained to the defendant the legal responsibility he had to bear for urging him to drink, and the two parties finally reached a mediation agreement.
After the judge carefully mediated, the defendant reflected on his own behavior and voluntarily compensated the plaintiff 10,000 yuan in one lump sum. The two sides finally shook hands and made peace, and the contradiction was successfully resolved.
The presiding judge said that just like the defendant Xiao Shi in the above case, he knew that his friend was unable to drink and forced himself to drink, and used words to stimulate the other party to drink. It was obviously inappropriate to persuade him to drink in this way. An accident caused by urging alcohol to drink is at fault and you must bear legal liability.
It is easy for everyone to ignore that when drinking together, there is a safety guarantee obligation. When the behavior of the drinking person may cause specific dangers to others, other drinking persons will have the obligation to remind, take care of and dissuade each other.
Judge reminds: "People should fulfill certain communication security obligations when interacting with others. If the parties violate this obligation and cause damage, it will turn into a tort."
According to the Civil Code and other relevant provisions, if these situations occur, the drinkers and those who urge to drink to drink must bear corresponding legal responsibilities.
First, it is to forcefully persuade the other party to drink, such as using language such as "not drinking enough friends" to stimulate the other party to drink, or to persuade the other party to drink when the other party is drunk and has no self-control;
Second, it is to persuade the other party to drink, even though it knows that the other party cannot drink, and still persuade the other party to drink, such as knowing the other party's physical condition, it is to persuade the other party to drink to cause illness, etc.;
Third, it is to not escort the drunk person safely. If the drinker has lost or is about to lose control of himself and is unconscious and unable to control his own behavior, the drinker did not send him to the hospital or safely sent him home;
Fourth, it is to drive under the influence of drunkenness and other damages caused by car accidents.
(Source: "Zero Distance" reporter/Hu Yan, editor/Gao Ruoting)
[Please send a private message or send a reply within 24 hours for submissions and regional cooperation. 】
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-