Case analysis of traffic accident crime
The former public prosecution agency Huaiyuan County People's Procuratorate.
Appellant (defendant in incidental civil action in the original trial): Automobile Team of Yanling County Transportation Bureau, Henan Province.
The legal representative is Cheng Shunli.
Agent ad litem Wang Yongli, male, born on10.3, 1970, Han nationality, from Yanling County, Henan Province, is the vice captain of the team and lives in Dongjie Street, Yanling County, Henan Province.
Fu Yu, plaintiff in the incidental civil action of the original trial, was born on October 30th, 2003, changge city, Henan Province, Han nationality, living in Chang 'an Road, Dazhou Town, changge city, and was the daughter of the deceased Fu Junjie.
Legal Representative: Zhang Yanhua, female, born on10.5, 1977 165438, a native of changge city, Henan Province, Han nationality, college degree, teacher, with the same address, is Fu Yu's mother.
The basic situation of plaintiff Zhang Yanhua in the incidental civil action in the original trial is the same as above. She is the wife of the late Fu Junjie.
Plaintiff Fu Guangrong, male, 1945, native of changge city, Henan Province, Han nationality, farmer, living at No.42 Renmin Road, Heshangqiao Town, changge city City, Henan Province, is the father of the deceased Fu Junjie.
Chen Meilian, the plaintiff in the incidental civil action of the original trial, was born on September 8, 1950, a native of changge city, Henan Province, Han nationality, a farmer with the same address, and was the mother of the deceased Fu Junjie.
Plaintiff Li Houde in the incidental civil action of the original trial, male, born on 1949 1 May 5, Han nationality, from Zhuanghe County, Liaoning Province, employee, living at No.223 Shengli Street, Baiyin District, Baiyin City, Gansu Province? Fourth, the father of the deceased Li Haitao.
Plaintiff Wang Shuzhen, female, born on February 27th, 1950, Han nationality, from Hebei Province, unemployed, with the same address, is the mother of the deceased Li Haitao.
Defendant Chang Youliang in the original trial, male,1born on February 26th, 974, Han nationality, from Yanling County, Henan Province, junior high school education, driver, living in Houying Village, Dama Township, Yanling County, Henan Province. On June 3, 2003, 365438+1October 3/KLOC-0 was administratively detained by Huaiyuan County Public Security Bureau 15, and was criminally detained on June 165438+ 10/0 of the same year. He was arrested on June 14 of that month and executed on the same day. Now detained in Huaiyuan County Detention Center.
Second, the standard of filing the crime of traffic accidents
According to the provisions of Article 133 of the Criminal Law, if a serious accident occurs due to violation of traffic regulations, causing serious injuries, deaths or heavy losses to public or private property, a case shall be filed for investigation.
According to 1, Article 2 of the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents published by the Supreme People's Court on June 5438+0 10, 2000, the crime of traffic accidents should be punished with imprisonment of not more than three years.
(1) 1 People died or more than three people were seriously injured, and they were totally or mainly responsible for the accident;
(2) more than 3 people were killed and were equally responsible for the accident;
(3) Causing direct losses to public property or other people's property, taking full or main responsibility for the accident, and unable to compensate for the amount of more than 300,000 yuan.
Paragraph 2 of Article 2 stipulates that if a traffic accident causes serious injuries to 1 person or more, and bears all or major responsibilities for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of causing traffic accidents:
(1) driving a motor vehicle after drinking or taking drugs;
(2) driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving while knowing that it is an unlicensed or scrapped motor vehicle;
(five) serious overload driving;
(six) to escape from the scene of the accident in order to escape legal investigation.
In one of the above circumstances, the public security organ shall file a case for investigation. It should be noted that whether a traffic accident case is decided to be put on file depends on distinguishing the responsibility of the accident and whether it meets the specific standards of the above judicial interpretation. If the perpetrator only violates the rules and does not cause serious consequences, it will not be treated as a crime and will not be placed on file.
The above is my introduction to traffic accident crime cases. I remind you that after a traffic accident, you should actively cooperate with the police to investigate and handle the follow-up work, and you must not leave the scene of the accident, otherwise it will be handled as an escape. If you have any other questions, our website can provide online consulting lawyer service.
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