On June 6, 2020, 165438+ The Primary People's Procuratorate of Shangqiu City, Henan Province ruled that Tan Mingming was guilty of endangering public security by dangerous means, sentenced to fixed-term imprisonment and deprived of civil rights for life. Liu Songtao was sentenced to three years in prison and sentenced to three years in prison; Zhang Xiaoqu was sentenced to three years in prison and suspended for three years. According to the information of the Higher People's Court of Henan Province, the families of the three victims and the three defendants have reached a mediation on the criminal incidental civil part.
In addition, Reng Zhang, a BMW 5 Series driver who survived the safety accident, was treated in the hospital.
(Source: Henan High Court)
Tan Mingming went through a review.
Case generation
20 19 At 22: 42 on July 3rd, a Ferrari car with model Yu NE**55 collided with a BMW 5 Series (model Yu N0**2L) waiting for traffic lights at the intersection, causing a fire in the BMW 5 Series, causing two deaths in the car. 1 person was injured. Three people were injured in Maserati.
The whole process of Ferrari accident in Yongcheng was not as gradual as that of BMW 5 Series, which really caused this incident. The turning point was that Tan Mingming drove Ferrari safely in the driveway of Dongcheng District Local Taxation Bureau, and collided with an Anhui FE**69 Volkswagen and several cars on the street. After being stopped by the masses, he hit and ran, and finally hit the BMW 5 Series waiting for the traffic lights.
The incident caused the death of Ge and Jia in the BMW, and the survivor Zhang suffered second-degree burns (40%) and first-degree injuries; The driver in the accident car Tan suffered from liver contusion and laceration, sternal stalk fracture, Liu Songtao suffered from lung contusion and laceration, lateral bone fracture and Zhang Xiaoqu ascites.
The first instance of the case
On June 65438+1October 65438+At 8: 30 on June 6, 2020, the case of Maserati crashing into BMW in Yongcheng, Henan Province was heard in yongcheng city People's Procuratorate. Because things have caused great public opinion, Tan Mingming's family has been engaged in fur trading for many years and has a good family background. In addition, in the trial, the families of the victims were added. The parties stressed that Liu Songtao studied abroad, and his father owned several department stores, and his family background was excellent. Therefore, this case was tried by Shangqiu Primary Court of yongcheng city People's Court.
(Image from "Legal Daily" WeChat public platform)
The public prosecution administrative organ brought a lawsuit against Ferrari for endangering public security.
After the defendant Tan Mingming had a road traffic accident due to drunk driving, causing huge casualties and property losses, he ignored persuasion and went on the road again. Defendants Liu Songtao and Zhang Xiaoqu clearly knew that Tan Mingming was driving after drinking, causing a safety accident, and still instigated him to hit and run, even causing more serious adverse effects. The personal actions of the three defendants have constituted the crime of endangering public security by dangerous means. Among the criminals, Tan Mingming is the principal offender, and Liu Songtao and Zhang Xiaoqu are accomplices.
At the time of the crime, Tan Mingming (23 years old, unemployed), Liu Songtao (24 years old, studying abroad in Australia) and Zhang Xiaoqu (2 1 year old, employees of municipal enterprises) * * * drank three kinds of wine: 1 bottle of red wine (brought by Liu Songtao from home) and 3 bottles of water wine (bought by Zhang Xiaoqu before meals) The alcohol concentrations of Tan, Liu and Zhang blood night were 167.66mg/ 100ml, 231.10 mg/100 ml and 170.36mg/ml respectively. When it hit the BMW, Ferrari's speed was120 ~135 km/h.
(The photos are from the Internet, from left to right are Liu Songtao, Tan Mingming and Zhang Xiaoqu. )
The mentality of the three defendants
Tan Mingming: Tan Mingming returned to court to show that he surrendered himself, cried and apologized to the relatives of the victims and knelt down, showing that he was sorry for his parents and social development.
Zhang Xiaoqu: No surrender.
Liu Songtao: Obey the court ruling.
Psychology of relatives of victims
Disagree with the negotiation and stipulate the death penalty for three defendants.
The focus of the trial
Tan Mingming, who was informed by the police, said: He once called the driver on behalf of the driver, waited for a while but didn't come, and finally drove by himself. After a serious collision, the car was stopped. She panicked and asked what to do. Zhang Xiaoqu even said, "Tan Mingming ran away." During the trial, Tan Mingming said that she heard Liu Songtao's speech, but because Zhang Xiaoqu's voice blocked Liu Songtao's voice, she didn't catch what Liu Songtao said clearly, meaning to let go.
Liu Songtao said: I don't know if I told Tan Mingming to leave, because I had already broken the film, "I can't remember clearly."
Zhang Xiaoqu said: I don't know how I got on the bus or what happened in it. If I have a purpose, I am unlikely to let Tan Mingming go. But he once confessed that after being stopped for the first time, Tan Mingming asked himself what to do, and he also asked Liu Songtao what to do. She also said that she saw Tan Mingming turning the gear back and forth.
Before the incident, Tan Mingming had a bad record. From June 20 17 to the crime, Tan Mingming's driver's license solved traffic violations 18 times, including red light violation, speeding and reverse driving. The Ferrari he was driving had 68 traffic violations from April 20 17 to the crime.
Therefore, the main discussion is whether the other two Ferraris, Liu Songtao and Zhang Xiaoqu, instigated the hit-and-run after the driver Tan Mingming had a safety accident after drunk driving, resulting in more serious casualties.
Tan Mingming's three-person environment and BMW owner's environment (only exposed by netizens, unverified)
Some fans exposed the situation of Tan Mingming's family. Tan Mingming's grandfather started buying and selling leather from a small workshop more than 20 years ago to a tannery. Now we see that this enterprise is "yongcheng city Haisheng Fur Market Sales Co., Ltd." with a registered capital of more than 20 million yuan. Secondly, the business scope is fur production and marketing, which is really rich in the local area.
In addition, tanneries or the highest local companies in Zhou Jia will have a tax profit of more than 60 million yuan, and their industrial chain has been expanding. Although serious environmental pollution was reported several times, it was not reported in the end. After Tan Mingming's case, the tannery had already stopped production.
Another woman in the car, Zhang Xiaoqu, was exposed. 2 1 year-old, works in Yongcheng Municipal Company, and his father is the deputy director of Land Evaluation and Trading Center of Land and Resources Bureau.
Liu Songtao, a 24-year-old male tourist, is an international student. His parents are the owners of the supermarket chain Huikelong.
Zhang, the driver of BMW, is an ordinary citizen, and his relatives have sold their land resources and real estate to save him.
The deceased Ge was 44 years old and worked in Shangqiu Human Resources and Social Security Bureau. It is said that he is the deputy bureau and the head of the secondary organization student employment service station.
The deceased Jia is 43 years old and is the school leader of a local technical school in Shangqiu.
That night, the two deceased reported to the local municipal party Committee and municipal government. Because it was too late, Zhang kindly sent them home.
Final judgment of Ferrari case _ Fruit
According to the Important News of People's Courts published by the Higher People's Court of Henan Province, the Primary People's Procuratorate of Shangqiu City, Henan Province sentenced the defendants Tan Mingming, Liu Songtao and Zhang Xiaoqu in yongcheng city People's Procuratorate on June 6, 2020. For the crime of endangering public security by dangerous means, the defendant Tan Mingming was sentenced to fixed-term imprisonment and deprived of civil rights for life; The defendant Liu Songtao was sentenced to three years in prison and sentenced to three years in prison; The defendant Zhang Xiaoqu was sentenced to three years in prison and suspended for three years.
The judge explained the results of the trial and responded to many difficult questions that the masses were concerned about. The website "Owner's Guide" has selected the highlights.
1. Why hasn't the Maserati case been solved for so many years?
Due to the large number of defendants and different demands, political and legal organs at the county and city levels and local party committees attach great importance to it. During the large-scale consultation with relevant departments, and after the outbreak of COVID-19 epidemic, the trial period was longer.
2. Why was this case convicted of endangering public safety in a dangerous way?
The Criminal Law of People's Republic of China (PRC) and the Opinions of the Supreme Court on the Applicable Law of the Crime of Drunk Driving require that "drunken people should be punished if they break the law." "The infringer clearly knows that drunk driving violates the regulations, and drunk driving will endanger information security, but he ignores laws and regulations, especially driving again after facing the perpetrators, causing huge casualties, indicating that the infringer is objectively addicted to the emerging hazards and has the intention of endangering traffic safety.
If this kind of drunk driving causes heavy casualties, it should be convicted of endangering public safety in a dangerous way according to regulations. "This case is a serious vicious incident caused by drunk driving. After a road traffic accident due to drunk driving, the defendant Tan Mingming ran away again despite persuasion, and collided with a BMW car that had been waiting for the driving data signal while driving in the urban area, causing passengers Ge Moumou and Jia Moumou to die on the spot, and the driver Wang Moumou was injured; Defendants Liu Songtao and Zhang Xiaoqu did not persuade Tan Mingming to drive after drinking, but instigated Tan Mingming to drive, causing serious harm after a safety accident.
The defendant's subjective indulgence of the ever-emerging harmful consequences has objectively caused serious casualties and economic losses, which have constituted the crime of endangering public safety by dangerous means.
3. Factors that should be considered when sentencing the three defendants.
The negligence in this case caused serious injuries and serious consequences. How to convict and sentence the three defendants is the key to the trial of this case, and it is also a difficult problem that all sectors of society attach great importance to. According to the requirements of the Criminal Procedure Law, anyone who commits the crime of endangering public security by dangerous means can be sentenced to fixed-term imprisonment of not more than 10 years, fixed-term imprisonment or capital crime.
In this case, after the three defendants drank together, the defendant Tan Mingming drove Liu Songtao and Zhang Xiaoqu away. After a road traffic accident, the car was difficult to drive. Under the persuasion of the owner and the surrounding people, Liu Songtao and Zhang Xiaoqu instigated Tan Mingming to escape by car. Tan Mingming ignored the persuasion of the surrounding people and fled by car again, and quickly collided with the victim by car, creating a bloody case.
Tan Mingming is the direct leader of a criminal offence and a first-time offender, and should be punished according to the regulations. Because of his drunk driving, he did not expect or actively pursue perfect injury subjectively, which belongs to indirect negligence crime. His subjective malignancy and personal safety risk factors are different from the direct negligence crime of intentionally driving into people and intentionally harming traffic safety.
After Tan Mingming was brought to justice, he was able to truthfully confess his crimes and punishments, and after being pointed out, he took the initiative to compensate the victims for their property losses. He has the main performance of repentance, and can consider a lighter punishment as appropriate according to the regulations. Considering the circumstances comprehensively and referring to similar referees in recent years, Tan Mingming was sentenced to fixed-term imprisonment and deprived of civil rights for life. Defendants Liu Songtao and Zhang Xiaoqu are accomplices. If the circumstances of the illegal crime are relatively minor, actively compensate the victim for property losses. They have the main performance of repentance and can be given probation according to law.
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