1. Defendant Li Jingquan endangered public safety by dangerous means.
Defendant Li Jingquan, male, Han nationality, 1964, born in Foshan City, Guangdong Province, with junior high school education, is an individual transport driver in Foshan City. 198 1 year 65438+February 1 1 day was sentenced to four years and six months in prison for committing robbery and intentional injury. On September 7, 2006, 17 was criminally detained for this case and was arrested on the 28th of the same month.
On September 6, 2006, at around 8: 50/kloc-0, the defendant Li Jingquan drunk and drove the van with the license plate number of Guangdong A 1J374 from south to north to the section near the public security pavilion of Xinlu, Bihua Village, Yanbu, Nanhai District, Foshan City, Guangdong Province, causing minor injuries. After the collision, Li Jingquan continued to drive forward, damaging the iron gate in front of the public security pavilion and the pillars next to it, then turned around and drove quickly from north to south in the direction of Suiyan Road, and the wheels got stuck in the flowers on the roadside. The victim Liang Xiquan (Li Jingquan's friend) and other villagers came forward to help the injured and dissuaded Li Jingquan. Li Jingquan stepped on the gas pedal and drove out of the flower field. After running over Li, he knocked down Liang Xiquan, causing Li and Liang Xiquan to die. Li Jingquan drove off the road and was caught by security guards and police. After examination, there was alcohol in Li Jingquan's blood at the time of the crime, and the content was 369.9 mg/100 ml.
Defendant Li Jingquan was confined in the hospital until he woke up drunk and had no memory of the specific crime process. He was very remorseful when he learned that he had killed two people and injured one. Although his income is meager and his family life is difficult, he has repeatedly said that he will actively compensate the relatives of the victims for their economic losses.
The People's Procuratorate of Foshan City, Guangdong Province accused the defendant Li Jingquan of committing the crime of endangering public security by dangerous means and filed a public prosecution with the Foshan Intermediate People's Court. On February 7, 2007, Foshan Intermediate People's Court convicted the defendant Li Jingquan of endangering public security by dangerous means, sentenced him to death and deprived him of political rights for life. After the verdict, Li Jingquan appealed. On September 7, 2008, the Guangdong Higher People's Court rejected the appeal, upheld the original judgment and submitted it to the Supreme People's Court for approval.
The Supreme People's Court's retrial held that the defendant Li Jingquan, who knocked down others after drunk driving, continued to drive and hit others, and his behavior constituted a crime of endangering public safety by dangerous means. Li Jingquan drunk driving hit someone, causing two deaths and one minor injury. The circumstances of the crime are bad and the consequences are particularly serious. He should be punished by law. In view of the fact that Li Jingquan committed a crime in a state of severe drunkenness, it is an indirect intentional crime, which is different from a direct intentional crime that intentionally endangers public safety. Moreover, after being brought to justice, he has a good attitude of pleading guilty and repenting, and can not be sentenced to death according to law. The facts ascertained in the first-instance judgment and the second-instance ruling are clear, the evidence is true and sufficient, the conviction is accurate, the trial procedure is legal, but the sentencing is improper. According to Article 199 of the Criminal Procedure Law of People's Republic of China (PRC) and Article 4 of the Provisions of the Supreme People's Court on Several Issues Concerning the Review of Death Penalty Cases, the defendant Li Jingquan was ruled not to be approved for death penalty, and the criminal ruling of Guangdong Higher People's Court (2007)No. 13 1 was revoked and sent back to Guangdong Higher People's Court for retrial.
During the retrial, Guangdong High Court cooperated with Foshan Intermediate People's Court to do a lot of civil mediation work. The relatives of the defendant Li Jingquan gave everything they had and raised 6.5438+0.5 million yuan to compensate the injured party.
The Higher People's Court of Guangdong Province held that the defendant Li Jingquan knocked down the bicycle that Li was riding after being drunk, but he still knew that he was driving the vehicle to turn around. Knowing how to drive the vehicle back to the road when the wheel is stuck by the roadside shows that it has the ability to identify and control when committing a crime. After Li Jingquan hit someone, he ignored the person who was hit, and ignored many villagers who dissuaded and rescued the injured in front of the car. Continue to drive in an attempt to leave the scene, and bump into Li who has fallen to the ground and Liang Xiquan who rescued the masses, resulting in the death of two people, indicating that he subjectively ignored the harmful consequences of casualties on the scene and had an indirect intention to endanger public safety. Therefore, his behavior has constituted the crime of endangering public safety in a dangerous way. Li Jingquan's criminal circumstances are bad and the consequences are serious. However, in view of Li Jing's indirect intentional crime, compared with the direct intentional crime that intentionally endangers public safety, the subjective malignancy is not deep and the personal danger is not great; When committing a crime, he was in a state of severe drunkenness, and his ability to identify and control was weakened; After being brought to justice, he pleaded guilty and repented, and actively compensated the injured party for economic losses, which can be given a lighter punishment according to law. Accordingly, on September 8, 2009, criminal judgmentNo. (2007)1-1was made, and the defendant Li Jingquan was found guilty of endangering public security by dangerous means, sentenced to life imprisonment and deprived of political rights for life.
Supplementary answer:
Drunk driving is a threat to public safety. Although convicted, the punishment is very light, which is really serious for civil servants, because the Civil Service Law stipulates that intentional offenders are prohibited from being civil servants. But from another point of view, civil servants should be the model of obeying the law.