The trial of Tan Mingming driving Maserati into BMW has ended, and Tan Mingming was sentenced to life imprisonment. On June 6, 2020, the Intermediate People's Court of Shangqiu City, Henan Province publicly pronounced a verdict on the case of defendants Tan Mingming, Liu Songtao and Zhang Xiaoqu endangering public safety by dangerous methods in yongcheng city People's Court.
For the crime of endangering public security by dangerous means, the defendant Tan Mingming was sentenced to life imprisonment and deprived of political rights for life; The defendant Liu Songtao was sentenced to three years in prison and suspended for three years; The defendant Zhang Xiaoqu was sentenced to three years in prison and suspended for three years.
Extended data:
This case is a major malignant case caused by drunk driving. After a traffic accident due to drunk driving, the defendant Tan Mingming refused to listen to dissuasion and continued to drive away. During the high-speed driving in the urban area, he ran into a BMW car waiting for traffic signals, causing passengers Ge Moumou and Jia Moumou to die on the spot, and the driver Wang Moumou was seriously injured;
Defendants Liu Songtao and Zhang Xiaoqu did not discourage Tan Mingming from driving after drinking, but after the accident, they encouraged Tan Mingming to drive away, causing serious consequences. The defendant's subjective laissez-faire attitude towards the consequences of persistent harm has objectively caused heavy casualties and property losses, which has constituted the crime of endangering public safety by dangerous means.
Phoenix. Com- The female driver involved in the collision between Maserati and BMW was sentenced to life imprisonment. Presiding Judge: She showed remorse.
Maserati woman was sentenced to 6 years for hitting BMW.100000? The final judgment of Maserati case
; ? It is a rumor that Maserati was sentenced to 6.5438+million yuan for hitting BMW for six years. The final trial result was pronounced on June 6, 2020: Tan Mingming was convicted of endangering public security by dangerous means, sentenced to life imprisonment and deprived of political rights for life; Liu Songtao was sentenced to three years in prison and suspended for three years; Zhang Xiaoqu was sentenced to three years in prison and suspended for three years. According to the information of Henan Higher People's Court, the families of the three victims and the three defendants have reached a settlement on civil compensation.
At the same time, the accident survivor BMW driver Wang is still receiving treatment in the hospital.
After reviewing the Tan Mingming incident.
The case happened.
20 19 At 22: 42 on July 3rd, a Maserati car with the brand number Yu NE**55 rear-ended at the intersection of Donghuan Road and Yongxing Street in Dongcheng District, yongcheng city, Henan Province, and hit a BMW waiting for the traffic lights at the intersection, causing the BMW to catch fire, killing two people in the car and injuring 1 person. Three people were injured in the Maserati car.
The whole process of Maserati incident in Yong Cheng did not start with Maserati's rear-end collision with BMW. The real beginning was that Tan Mingming drove Maserati in the local tax lane of Dongcheng District, where he collided with an Anhui FE**69 Volkswagen and several cars. After being intercepted by the masses, he escaped and finally ran into a BMW waiting for a traffic light.
The incident caused Gemou and Jiamou in BMW to die on the spot, and the survivor Wang was burned twice and was seriously injured. Tan, the driver in the accident car, suffered from liver contusion and laceration, sternal stalk fracture, Liu Songtao's lung contusion and laceration, lateral bone fracture and Zhang Xiaoqu's abdominal effusion.
This case is the first trial.
On June 65438+1October 65438+June 6, 2020, the case of Maserati hitting BMW in Yongcheng, Henan Province was heard in yongcheng city People's Court. Because the incident caused great public opinion, Tan Mingming's family has been engaged in fur business for many years and has a good family. In addition, the civil litigation agent attached to the victim's family pointed out that Liu Songtao had studied abroad, and his father owned a number of department stores, so the trial was conducted by Shangqiu Intermediate People's Court in yongcheng city.
The public prosecutor sued Maserati for endangering public security.
After the defendant Tan Mingming had a traffic accident due to drunk driving, he did not listen to dissuasion and continued to drive into a collision, causing heavy casualties and economic losses. Defendants Liu Songtao and Zhang Xiaoqu, knowing that Tan Mingming was drunk and had an accident, still instigated Tan Mingming to escape, causing more serious consequences. The actions of the three defendants have constituted the crime of endangering public safety by dangerous means. Among the * * * accomplices, Tan Mingming is the principal offender, and Liu Songtao and Zhang Xiaoqu are accomplices.
At the time of the crime, Tan Mingming, Liu Songtao and Zhang Xiaoqu drank three kinds of wine: 1 bottle of red wine, 3 bottles of sake and1/bottle of beer. After testing, the blood alcohol contents of Tan, Liu and Zhang were 167.66mg/ 100ml, 231.10 mg/170.36 mg/respectively. When it hit BMW, Maserati's speed was120 ~135 km/h.
The attitude of the three defendants
Tan Mingming: Tan Mingming pleaded guilty in court, cried and apologized to the victim's family and knelt down, saying that he was sorry for his parents and apologized to the society.
Zhang Xiaoqu: Not guilty.
Liu Songtao: Obey the court decision.
The attitude of the victim's family
Disagree with mediation and demand that three defendants be sentenced to death.
The focus of the trial
When Tan Mingming was questioned by the police, he said that he called the driver, waited for a while, and finally drove himself. The car was stopped after a series of accidents. She panicked and asked what to do. Zhang Xiaoqu even said, "Tan Mingming runs." During the trial, Tan Mingming said that she heard Liu Songtao's speech, but because Zhang Xiaoqu's voice drowned Liu Songtao's voice, she didn't catch what Liu Songtao said clearly, which also meant letting go.
Liu Songtao said: I don't know if I said let Tan Mingming go, because I was already broken, "I can't remember clearly."
Zhang Xiaoqu said: I don't know how I got on the bus or what happened on the bus. If I am conscious, I can't let Tan Mingming go. But he once confessed that after the first serial scraping, Tan Mingming asked himself what to do, and he also asked Liu Songtao what to do. She also said that she had seen Tan Mingming shift gears back and forth.
Before the incident, Tan Mingming had a bad record. From 2065438+June 2007 to the crime, Tan Mingming handled 18 violations, including running a red light, speeding and retrograde. From April 20 17 to the time of the crime, the Maserati he was driving had 68 violations.
Therefore, the main discussion in the trial was whether the other two Maserati men, Liu Songtao and Zhang Xiaoqu, instigated the escape after the driver Tan Mingming drunk driving, which led to the subsequent collision with BMW and caused serious casualties.
Tan Mingming's background and BMW owner's background
Some netizens have found out Tan Mingming's family background. Grandpa Tan Mingming began to engage in leather business more than 20 years ago, and developed from a family workshop to a leather factory. Now we can know that the company is "yongcheng city Huacheng Fur Sales Co., Ltd." with a registered capital of 20 million yuan. Secondly, the business scope is fur processing and sales, which is really rich in the local area.
In addition, Tan Jia's leather factory is the largest local enterprise, with profits and taxes of more than 60 million yuan, and its industry has been expanding. Although it has been reported many times that the pollution is serious, it all went away in the end. After Tan Mingming's incident, the leather factory has stopped production.
Another woman in the car, Zhang Xiaoqu, was pulled out. 2 1 year-old, works in Yongcheng municipal enterprise, and his father is the deputy director of Land Evaluation Institute of Land and Resources Bureau.
Liu Songtao, a 24-year-old male passenger, is an international student whose parents are the owners of the supermarket chain Jukelong.
Wang, the driver of BMW, is an ordinary citizen. His family has sold their land and property 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 director and head of the employment service center of the secondary institution.
The deceased Jia is 43 years old and is the principal of a local technical school in Shangqiu.
That night, the two deceased went to the local municipal party Committee for a meeting. Because it was too late, Wang kindly sent them home.
The final judgment of Maserati case
According to the court news released by the Higher People's Court of Henan Province, the Intermediate People's Court of Shangqiu City, Henan Province publicly pronounced a verdict on the case of defendants Tan Mingming, Liu Songtao and Zhang Xiaoqu endangering public safety by dangerous methods in yongcheng city People's Court on June 6, 2020. For the crime of endangering public security by dangerous means, the defendant Tan Mingming was sentenced to life imprisonment and deprived of political rights for life; The defendant Liu Songtao was sentenced to three years in prison and suspended for three years; The defendant Zhang Xiaoqu was sentenced to three years in prison and suspended for three years.
The presiding judge interpreted the trial results and answered several questions of public concern. The website ""excerpted the fragment.
1. Why is this case characterized as a crime of endangering public security by dangerous means?
Criminal Law of People's Republic of China (PRC) and the Supreme People's Court
If such drunk driving causes heavy casualties, he shall be convicted of endangering public safety by dangerous means according to law. This case is a major malignant case caused by drunk driving. After the traffic accident, the defendant Tan Mingming did not listen to dissuasion, and continued to drive away. During the high-speed driving in the urban area, he hit a BMW car waiting for traffic signals, causing passengers Ge Moumou and Jia Moumou to die on the spot, and the driver Wang Moumou was seriously injured. Defendants Liu Songtao and Zhang Xiaoqu did not discourage Tan Mingming from driving after drinking, but after the accident, they encouraged Tan Mingming to drive away, causing serious consequences.
The defendant's subjective laissez-faire attitude towards the continuous harmful consequences has objectively caused heavy casualties and property losses, which have constituted the crime of endangering public security by dangerous means.
2. Please introduce the factors considered when sentencing the three defendants.
The circumstances of this case are bad and the consequences are serious. How to convict and sentence the three defendants is the focus of the trial of this case, and it is also a widespread concern of all walks of life. According to the criminal law, the crime of endangering public security by dangerous means can be punished with fixed-term imprisonment of more than ten years, life imprisonment or death.
In this case, after the three defendants drank together, the defendants Tan Mingming, Liu Songtao and Zhang Xiaoqu fled by car. After the traffic accident, vehicles could not pass. Under the dissuasion of the owner and the surrounding people, Liu Songtao and Zhang Xiaoqu encouraged Tan Mingming to drive away. Tan Mingming ignored the dissuasion of the surrounding people and continued to drive away, hitting the victim and driving at high speed, causing tragedy.
Tan Mingming is the direct perpetrator and principal offender of the crime, and should be severely punished according to law. In view of the fact that he was drunk while driving, he subjectively did not want or actively pursued the occurrence of harmful results, which was an indirect intentional crime. His subjective viciousness and personal danger are different from the direct intentional crime of intentionally driving into people and intentionally endangering public safety.
Tan Mingming can truthfully confess his crimes after arriving at the case, which is a confession and actively compensates the economic losses of the injured party. He shows repentance and can be given a lighter punishment according to law. Based on the above circumstances and referring to similar cases in recent years, Tan Mingming was sentenced to life imprisonment and deprived of political rights for life. Defendants Liu Songtao and Zhang Xiaoqu are accomplices, and their crimes are relatively minor. They actively compensate the economic losses of the injured party and show repentance, so they can be suspended according to law.
The case of Maserati crashing into BMW has not yet been pronounced. What will happen to the perpetrator Tan Mingming?
The case of Maserati crashing into BMW has not yet been pronounced. What will happen to the perpetrator Tan Mingming?
On July 3, 20 19, a drunk driving accident completely changed six families. Tan Mingming, a rich second-generation beauty, was killed by human flesh after the accident, and then the underage rich second-generation beauty caused public outrage on the Internet. Although the case has passed more than eight months, people's attention to the case has not decreased.
In the evening, Tan Mingming, the perpetrator, went to a barbecue restaurant in Yongcheng, Henan Province with his friends Zhang Xiaoqu and Liu Songtao. During the dinner, three young people drank 15 bottles of wine.
Three highly educated young people knew that they could not drive after drinking so much, but after the barbecue and drinking, the perpetrator chose to drive away with two friends. After driving away from the barbecue shop, Maserati scraped several cars in a row because of drunkenness.
Although in the process of scraping, Tan Mingming was stopped by the people at the scene. But Tan Mingming was drunk and decided to drive away. In the process of escape, he finally ran into a BMW waiting for the signal light in front of the zebra crossing. The high-speed impact caused the BMW to catch fire quickly. Unfortunately, the last two passengers of BMW died on the spot, and the BMW driver was seriously injured.
Afterwards, the BMW driver was taken to the hospital in time, but he is still in the intensive care unit of the hospital because of his injuries. For BMW, although the daily medical expenses are as high as 4,000 yuan, the families of the victims still have not given up treatment. After spending all the money at home, they can only rely on loans to maintain treatment.
However, since the victim was hospitalized, the perpetrator has only paid the medical expenses of 6.5438+0.5 million, and will not ask after paying. This has also caused great public outrage.
However, during the first trial of the case in June 65438+10/October 65438+June 2020, the perpetrator Tan Mingming suddenly knelt down to ask for forgiveness from the victim's family and questioned the quality of the BMW at the trial site.
Because the families of the victims all hope that the three defendants can be sentenced to death, Tan Mingming is afraid of death. She took the initiative to kneel down and apologize to the victim's family. In fact, she wanted to get the other party's forgiveness and not let herself be sentenced to death.
Let lawyers question the quality of BMW. In fact, the perpetrators want to reduce their crimes and make a final struggle for their immortality.
When drunk driving escaped that night, Tan Mingming didn't consider the consequences of endangering others' lives at all, and he didn't think that he would face death one day. So in the face of the death penalty, she was really scared this time, so scared that she didn't even want her dignity.
Now this case has passed for a long time, and the victim's request to sentence the perpetrator to death has not yet been pronounced. In the end, the court sentenced Tan Mingming, the principal offender, to the crime of endangering public security by dangerous means, sentenced to life imprisonment and deprived of political rights for life; Liu Moumou and Zhang Moumou, who encouraged Tan Moumou to escape, were sentenced to three years' imprisonment with suspended execution. What do you think of this?
Is Tan Mingming sentenced to death or life in the first instance? Why has the Maserati case dragged on for so long?
; ? When the dust settled, Tan Mingming was sentenced to life imprisonment.
On June 6, 2020, 165438+ The Intermediate People's Court of Shangqiu City, Henan Province sentenced Tan Mingming to life imprisonment and deprived of political rights for life. Liu Songtao was sentenced to three years in prison and suspended for three years; Zhang Xiaoqu was sentenced to three years in prison and suspended for three years. According to the information of Henan Higher People's Court, the families of the three victims and the three defendants have reached a settlement on civil compensation.
At the same time, the accident survivor BMW driver Wang is still receiving treatment in the hospital.
Review of Tan Mingming's incident.
The case happened.
20 19 At 22: 42 on July 3rd, a Maserati car with the brand number Yu NE**55 rear-ended at the intersection of Donghuan Road and Yongxing Street in Dongcheng District, yongcheng city, Henan Province, and hit a BMW waiting for the traffic lights at the intersection, causing the BMW to catch fire, killing two people in the car and injuring 1 person. Three people were injured in the Maserati car.
The whole process of Maserati incident in Yong Cheng did not start with Maserati's rear-end collision with BMW. The real beginning was that Tan Mingming drove Maserati in the local tax lane of Dongcheng District, where he collided with an Anhui FE**69 Volkswagen and several cars. After being intercepted by the masses, he escaped and finally ran into a BMW waiting for a traffic light.
The incident caused Gemou and Jiamou in BMW to die on the spot, and the survivor Wang was burned twice and was seriously injured. Tan, the driver in the accident car, suffered from liver contusion and laceration, sternal stalk fracture, Liu Songtao's lung contusion and laceration, lateral bone fracture and Zhang Xiaoqu's abdominal effusion.
This case is the first trial.
On June 65438+1October 65438+June 6, 2020, the case of Maserati hitting BMW in Yongcheng, Henan Province was heard in yongcheng city People's Court. Because the incident caused great public opinion, Tan Mingming's family has been engaged in fur business for many years and has a good family. In addition, the civil litigation agent attached to the victim's family pointed out that Liu Songtao had studied abroad, and his father owned a number of department stores, so the trial was conducted by Shangqiu Intermediate People's Court in yongcheng city.
The public prosecutor sued Maserati for endangering public security.
After the defendant Tan Mingming had a traffic accident due to drunk driving, he did not listen to dissuasion and continued to drive into a collision, causing heavy casualties and economic losses. Defendants Liu Songtao and Zhang Xiaoqu, knowing that Tan Mingming was drunk and had an accident, still instigated Tan Mingming to escape, causing more serious consequences. The actions of the three defendants have constituted the crime of endangering public safety by dangerous means. Among the * * * accomplices, Tan Mingming is the principal offender, and Liu Songtao and Zhang Xiaoqu are accomplices.
At the time of the crime, Tan Mingming, Liu Songtao and Zhang Xiaoqu drank three kinds of wine: 1 bottle of red wine, 3 bottles of sake and1/bottle of beer. After testing, the blood alcohol contents of Tan, Liu and Zhang were 167.66mg/ 100ml, 231.10 mg/170.36 mg/respectively. When it hit BMW, Maserati's speed was120 ~135 km/h.
The attitude of the three defendants
Tan Mingming: Tan Mingming pleaded guilty in court, cried and apologized to the victim's family and knelt down, saying that he was sorry for his parents and apologized to the society.
Zhang Xiaoqu: Not guilty.
Liu Songtao: Obey the court decision.
The attitude of the victim's family
Disagree with mediation and demand that three defendants be sentenced to death.
The focus of the trial
When Tan Mingming was questioned by the police, he said that he called the driver, waited for a while, and finally drove himself. The car was stopped after a series of accidents. She panicked and asked what to do. Zhang Xiaoqu even said, "Tan Mingming runs." During the trial, Tan Mingming said that she heard Liu Songtao talking, but because Zhang Xiaoqu's voice drowned out 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 said let Tan Mingming go, because I was already broken, "I can't remember clearly."
Zhang Xiaoqu said: I don't know how I got on the bus or what happened on the bus. If I am conscious, I can't let Tan Mingming go. But he once confessed that after the first serial scraping, Tan Mingming asked himself what to do, and he also asked Liu Songtao what to do. She also said that she had seen Tan Mingming shift gears back and forth.
Before the incident, Tan Mingming had a bad record. From 2065438+June 2007 to the crime, Tan Mingming handled 18 violations, including running a red light, speeding and retrograde. From April 20 17 to the time of the crime, the Maserati he was driving had 68 violations.
Therefore, the main discussion in the trial was whether the other two Maserati men, Liu Songtao and Zhang Xiaoqu, instigated the escape after the driver Tan Mingming drunk driving, which led to the subsequent collision with BMW and caused serious casualties.
Tan Mingming's background and BMW owner's background
Some netizens have found out Tan Mingming's family background. Grandpa Tan Mingming began to engage in leather business more than 20 years ago, and developed from a family workshop to a leather factory. Now we can know that the company is "yongcheng city Huacheng Fur Sales Co., Ltd." with a registered capital of 20 million yuan. Secondly, the business scope is fur processing and sales, which is really rich in the local area.
In addition, Tan Jia's leather factory is the largest local enterprise, with profits and taxes of more than 60 million yuan, and its industry has been expanding. Although it has been reported many times that the pollution is serious, it all went away in the end. After Tan Mingming's incident, the leather factory has stopped production.
Another woman in the car, Zhang Xiaoqu, was pulled out. 2 1 year-old, works in Yongcheng municipal enterprise, and his father is the deputy director of Land Evaluation Institute of Land and Resources Bureau.
Liu Songtao, a 24-year-old male passenger, is an international student whose parents are the owners of the supermarket chain Jukelong.
Wang, the driver of BMW, is an ordinary citizen. His family has sold their land and property 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 director and head of the employment service center of the secondary institution.
The deceased Jia is 43 years old and is the principal of a local technical school in Shangqiu.
That night, the two deceased went to the local municipal party Committee for a meeting. Because it was too late, Wang kindly sent them home.
The final judgment of Maserati case
According to the court news released by the Higher People's Court of Henan Province, the Intermediate People's Court of Shangqiu City, Henan Province publicly pronounced a verdict on the case of defendants Tan Mingming, Liu Songtao and Zhang Xiaoqu endangering public safety by dangerous methods in yongcheng city People's Court on June 6, 2020. For the crime of endangering public security by dangerous means, the defendant Tan Mingming was sentenced to life imprisonment and deprived of political rights for life; The defendant Liu Songtao was sentenced to three years in prison and suspended for three years; The defendant Zhang Xiaoqu was sentenced to three years in prison and suspended for three years.
The presiding judge interpreted the trial results and answered several questions of public concern. The website ""excerpted the fragment.
1. Why has the Maserati case been delayed for so long?
Due to the large number of parties and different demands, the political and legal organs at the city and county levels and the local party Committee and government attach great importance to it, and we have carried out a lot of mediation work with relevant departments. In addition, after the trial, the COVID-19 outbreak led to the extension of the trial period.
2. Why is this case characterized as a crime of endangering public safety by dangerous means?
Criminal Law of People's Republic of China (PRC) and the Supreme People's Court
If such drunk driving causes heavy casualties, he shall be convicted of endangering public safety by dangerous means according to law. This case is a major malignant case caused by drunk driving. After the traffic accident, the defendant Tan Mingming did not listen to dissuasion, and continued to drive away. During the high-speed driving in the urban area, he hit a BMW car waiting for traffic signals, causing passengers Ge Moumou and Jia Moumou to die on the spot, and the driver Wang Moumou was seriously injured. Defendants Liu Songtao and Zhang Xiaoqu did not discourage Tan Mingming from driving after drinking, but after the accident, they encouraged Tan Mingming to drive away, causing serious consequences.
The defendant's subjective laissez-faire attitude towards the continuous harmful consequences has objectively caused heavy casualties and property losses, which have constituted the crime of endangering public security by dangerous means.
3. Considerations for sentencing of the three defendants.
The circumstances of this case are bad and the consequences are serious. How to convict and sentence the three defendants is the focus of the trial of this case, and it is also a widespread concern of all walks of life. According to the criminal law, the crime of endangering public security by dangerous means can be punished with fixed-term imprisonment of more than ten years, life imprisonment or death.
In this case, after the three defendants drank together, the defendants Tan Mingming, Liu Songtao and Zhang Xiaoqu fled by car. After the traffic accident, vehicles could not pass. Under the dissuasion of the owner and the surrounding people, Liu Songtao and Zhang Xiaoqu encouraged Tan Mingming to drive away. Tan Mingming ignored the dissuasion of the surrounding people and continued to drive away, hitting the victim and driving at high speed, causing tragedy.
Tan Mingming is the direct perpetrator and principal offender of the crime, and should be severely punished according to law. In view of the fact that he was drunk while driving, he subjectively did not want or actively pursued the occurrence of harmful results, which was an indirect intentional crime. His subjective viciousness and personal danger are different from the direct intentional crime of intentionally driving into people and intentionally endangering public safety.
Tan Mingming can truthfully confess his crimes after arriving at the case, which is a confession and actively compensates the economic losses of the injured party. He shows repentance and can be given a lighter punishment according to law. Based on the above circumstances and referring to similar cases in recent years, Tan Mingming was sentenced to life imprisonment and deprived of political rights for life. Defendants Liu Songtao and Zhang Xiaoqu are accomplices, and their crimes are relatively minor. They actively compensate the economic losses of the injured party and show repentance, so they can be suspended according to law.