The late saint
Tan Zhuo (1September 26th, 984-May 7th, 2009), born in Ningxiang County, Changsha City, Hunan Province, was an only child. In 2002, Tan Zhuo was admitted to Zhejiang University majoring in communication engineering with excellent results. In 2006, after graduation, Tan Zhuo worked in Hangzhou Yi Sai Communication Co., Ltd. as a hardware engineer.
wrecker
Hu Bin, aged 20, is a sophomore in the Department of Physical Education of Hangzhou Normal University and the champion of the first go-karting competition in Hangzhou.
Through media investigation and netizens' human flesh search, it was found that the perpetrator was the son of a local wealthy businessman in Hangzhou, and he had many criminal records of speeding.
Event Progress At 8 o'clock on the evening of May 7, 2009, Tan Zhuo was hit by a modified Mitsubishi Lan Se Evolution IX sports car driven by Hu Bin in Wen Er West Road, Hangzhou, Zhejiang, and died after being delivered to 120. Witnesses said that Tan Zhuo was knocked out about 5 meters high, and then fell 20 meters away, possibly dying on the spot. On the same day, the perpetrator Hu Bin was detained in criminal detention, but some netizens found that the perpetrator's QQ was still being updated, so they questioned whether the perpetrator was caught in time.
On May 8, the traffic police in Hangzhou held a press conference and mentioned that "the speed at that time was 70 yards (note: it should actually be' km/h'), which caused public dissatisfaction. In the evening, Hangzhou citizens and Zhejiang University students spontaneously took to the streets to hold a memorial service for Tan Zhuo. On may 10, Tan Zhuo's memorial service was held. On the same day, Hangzhou police promised to handle the case impartially.
On May 1 1, Hangzhou police admitted that the perpetrators had committed illegal speeding. According to media reports in Hangzhou, the mayor of Hangzhou said that the incident was outrageous and should be severely punished. On May 12, some NPC deputies and CPPCC members in Hangzhou also issued a statement expressing concern about this matter.
On May 13, the Hangzhou Municipal Government clarified that Weng Zhenhua, the motorcycle racing companion of the perpetrator Hu Bin, was not the son of the municipal government leader. The speeding and vehicle modification of the vehicles involved in this case will be judged by a professional judicial appraisal institution. On May 14, the identification of the racing accident in Hangzhou was completed. Experts said that "the speed is definitely not 70 yards (note: it should actually be' km/h')". On the same day, Hangzhou Public Security Bureau released a traffic accident appraisal report to the media, and found that the speed of the accident vehicle in the accident section was between 84. 1 km and1kloc-0/.2 km, and the engine intake and exhaust system, headlights, suspension, tires and rims, and body interior of the accident vehicle were modified or partially modified on the basis of the original model. However, the credibility of the appraisal report was questioned by netizens, and the victim's father refused to sign it. Meanwhile, a spokesman for the Hangzhou Public Security Bureau confirmed that Hu Bin was still in detention.
On May 6th, 5438+5, Hangzhou police filed an arrest warrant with the procuratorate for the crime of causing traffic accidents, and found that Hu Bin was fully responsible for the accident. At the same time, Hangzhou police also apologized to the public for the earlier 70-yard statement.
On May 16, Tan Zhuo's family decided not to object to the appraisal report for the time being. On the evening of May 20th, Hangzhou police announced the end of the investigation by public security organs. On the same day, Hu Bin was transferred to the Hangzhou People's Procuratorate for review and prosecution on suspicion of traffic accidents. The victim Tan Zhuo's family has reached an agreement with the perpetrator, and Tan Zhuo's parents have received compensation of1130,000 yuan.
At 3: 30 pm on July 20th, the Xihu District People's Court of Hangzhou issued a judgment on "5? 6? 17 "The traffic accident case was publicly pronounced in the first instance, and the defendant Hu Bin was sentenced to three years' imprisonment for traffic accident. More than 60 people from all walks of life, including relatives of the defendant Hu Bin, relatives of the victim Tan Zhuo and former colleagues, attended the verdict.
The court held that Hu Bin, the defendant, violated the laws and regulations on road traffic safety, driving a motor vehicle at a serious speed on urban roads (note: it was identified that the speed of Hu Bin was between 84. 1 0/01.2 km per hour), which caused one death and took full responsibility for the accident, which constituted a traffic accident crime. Defendant Hu Bin called the police in time and waited at the scene after the accident, which is the obligation stipulated in the Road Traffic Safety Law. Moreover, the criminal law has stipulated the act of escaping after a traffic accident as an aggravating circumstance. According to the law, the act of calling the police and waiting at the scene after the accident should not be repeatedly evaluated as voluntary surrender, so the defendant Hu Bin cannot be considered as voluntary surrender. Although the defendant Hu Bin did not evade legal investigation after committing the crime, his relatives can actively compensate the economic losses of the victim's family. However, Hu Bin ignored the traffic laws. When committing a crime, driving an illegally modified vehicle on the main road of the city was speeding seriously, and sometimes it was rear-ended along the way, causing an accident at a crosswalk in a densely populated area and causing death, which caused a bad social impact. The circumstances of the crime are serious and should be severely punished. However, the defendant Hu Bin's behavior did not conform to the specific provisions of Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents, and there was no legal basis to conclude that he had other particularly bad circumstances. [Edit this paragraph] Controversy and Comments According to the statements of the perpetrators and companions, the Hangzhou traffic police initially determined that the speed of the accident vehicle was only 70 kilometers per hour, and controlled media reports, which led to the Tan Zhuo incident immediately becoming a hot spot on the Internet in 2009. At the same time, whether the perpetrator Hu Bin should be prosecuted for the crime of causing traffic accidents or for the crime of endangering public safety by dangerous means has also caused controversy among the public and the legal profession. Some media also believe that using public pressure is not conducive to judicial justice. Bai, the host of CCTV, believes that this is not a simple traffic accident, but a collision between behavior and law. Some media are worried that a light sentence will lead to a series of tragedies. Some media believe that the core issue of this incident is that public power cannot be supervised and restricted by public opinion.