The man smashed the car in the middle of the road and was knocked down by the owner. Netizen: Well, as you can see from the exposed video, a drunk bag stood in the middle of the road and saw a black car coming. The man rushed up to meet the car at once. The driver saw someone in the middle of the road and slowed down.
On the evening of June 1, a man in Tieling, Liaoning Province was drunk. He kept smashing passing vehicles with his handbag in the middle of the road and kept insulting the drivers of passing vehicles. Finally, I was knocked down by two drivers.
As can be seen from the exposed video, a drunken bag stood in the middle of the road and saw a black car coming. The man rushed up to meet the car at once. The driver saw someone in the middle of the road and slowed down. The drunk walked to the front of the car, suddenly lifted the bag and slammed it on the cab window. The contents of the man's bag made a loud noise in the car, accompanied by the drunken man's constant abuse.
After seeing this situation, the driver chose to let nature take its course, bypassing the man and flying away. When the drunk saw this situation, he became even more arrogant. In the next three or four minutes, he smashed more than a dozen cars and clamored for the driver to get off. After seeing this situation, passing vehicles are watching from a distance, afraid to pass, and even some vehicles choose to turn around.
A few minutes later, there were two cars in the video, one black and one white. The driver of the white car tried to speed up and bypass the drunken man, but he was caught up by a handbag and smashed on the side window. The driver of the black car also quickly accelerated to leave.
Unexpectedly, the drunken man insulted the two car owners and shouted to let the driver get off. The two car owners seemed to be angry and stopped the car immediately. After the drunk caught up with him, he was still cursing the two drivers.
Maybe the car is parked in the middle of the road, which affects the traffic. Two drivers parked their cars on the side of the road and walked up to the man. One of the men snatched the bag from the drunk and left it on the ground. Then he punched him in the face and the drunk fell to the ground at once.
Finally, the local police station rushed to the scene to take the drunk man away for investigation, and the follow-up results are still under investigation.
The man smashed the car in the middle of the road and was knocked down by the owner. Netizen: Those who hit the car after drinking should bear civil liability for compensation; If the amount of loss reaches 5,000 yuan, it constitutes a crime of intentionally destroying property, and can be punished with fixed-term imprisonment of not more than three years, criminal detention or a fine according to law.
criminal law
Article 275 Whoever intentionally destroys public or private property, if the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the amount is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards of Criminal Cases under the Jurisdiction of Public Security Organs (1)
Article 33: "[Case of Intentional Destruction of Property (Article 275 of the Criminal Law)] Whoever intentionally destroys public or private property and is suspected of any of the following circumstances shall file a case for prosecution:
(1) Causing losses of more than 5,000 yuan to public or private property;
(2) destroying public or private property for more than three times;
(3) Gathering three or more people to openly destroy public or private property;
(4) Other serious circumstances. "
Related knowledge: constitutive elements of the crime of intentionally destroying property
target
The object of this crime is the ownership of public and private property.
The object of crime can be various forms of public and private property, including means of production and means of subsistence; Movable property, real estate and so on. However, if the actor intentionally destroys specific property as otherwise stipulated in this Law and endangers other object elements, it shall be handled in accordance with the relevant provisions of this Law. For example, damage to vehicles, transportation equipment, inflammable and explosive equipment, radio and television, telecommunications facilities, etc. Those who endanger public security shall be punished in accordance with the relevant crimes in Chapter II of the Specific Provisions of this Law.
Objective elements
Objectively, this crime is manifested as the act of destroying or damaging public and private property, which is relatively large or has other serious circumstances.
Intentionally destroying public or private property must reach a large amount or have other serious circumstances before it constitutes a crime. The so-called serious circumstances refer to the destruction of important items, with serious losses and particularly bad means of destruction; Destroying urgently needed articles, resulting in serious consequences; Despicable motives, attempts to frame others, and so on. Intentionally destroying public or private property, if the circumstances are minor, is a general violation of public security administration and should be punished in accordance with the provisions of Article 49 of the Law on Public Security Administration Punishment. The subject of crime is the general subject. People who have reached the age of 16 commit this crime and should bear criminal responsibility.
main body
The subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
subjective factor
Subjectively, this crime is intentional. The purpose of crime is not to illegally acquire property, but to destroy it. This is the fundamental difference between the crime of destroying property and other corruption crimes. Criminal motives are varied, usually out of personal revenge or jealousy. Except for crimes such as fire, accidental water inrush, accidental explosion and negligent destruction of vehicles, traffic equipment, inflammable and explosive equipment, radio and television, telecommunications facilities, etc. If there are special provisions in this law, criminal responsibility shall be investigated in accordance with the relevant provisions. Whoever negligently destroys public or private property does not constitute a crime, but belongs to the issue of civil compensation.
Therefore, this kind of behavior belongs to the crime of intentionally destroying property in law, and will be punished by law according to the specific situation. Of course, in practice, we need to control our own behavior and reduce some criminal acts in order to better safeguard our rights and interests. If you have any other questions, please consult a professional lawyer in China. com。