Article 133 Anyone who violates transportation management regulations and thus causes a major accident, causing serious injury or death or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Transportation Anyone who commits a hit-and-run accident or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if his escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.
According to relevant judicial interpretations, any person who meets any of the following circumstances may be deemed to be guilty of a traffic accident:
1 If one person dies or three or more people are seriously injured, he shall bear all or major responsibility for the accident. ;
2 If more than 3 people die, they shall bear equal liability for the accident;
3 If it causes direct losses to public property or other people's property, they shall bear all or major liability for the accident. The amount of more than 300,000 yuan does not refer to the amount of property damage caused by the accident itself, but the amount that the perpetrator is unable to compensate. According to this standard, if the amount of direct property loss is less than 300,000 yuan, or if the amount of loss far exceeds 300,000 yuan, but the amount of compensation is less than 300,000 yuan, it will not constitute this crime; 4. A traffic accident that causes serious injury to one or more people, and all persons responsible for the accident Or have the main responsibility and have one of the following circumstances: (1) Driving a motor vehicle while drunk or taking drugs;
(2) Driving a motor vehicle without obtaining the driving qualification;
(2) Without the driving qualification;
(3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;
(4) Knowingly driving a motor vehicle without a license plate , driving a scrapped motor vehicle;
(5) Driving a severely overloaded motor vehicle;
(6) Fleeing the scene of an accident in order to evade legal prosecution.
According to Article 133 of the "Criminal Law", whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; whoever escapes after a traffic accident or has other particularly serious circumstances shall be sentenced to three years' imprisonment. A person shall be sentenced to fixed-term imprisonment of not less than 10 years and not more than seven years; if someone causes death due to escape, he shall be sentenced to fixed-term imprisonment of not less than seven years.
The above-mentioned other particularly serious circumstances refer to one of the following situations: (1) More than 2 people die or more than 5 people are seriously injured, and the person is primarily responsible or jointly responsible for the accident; (2) 6 people die More than one person, shall bear equal responsibility for the accident; (3) Cause direct losses to public property or other people's property, bear primary responsibility or share responsibility for the accident, and be unable to compensate for an amount exceeding 600,000 yuan.
How to characterize traffic collisions outside the scope of public **** traffic management
The so-called traffic management outside the scope of public **** traffic management refers to factories, mines, Traffic behaviors of forest farms, construction companies or other enterprises and institutions that have not been included in public traffic management. Urban streets, national highways, provincial roads, county roads, rural roads, "village-to-village" roads, as well as inland waterways, sea waterways, lakes, etc. that have been developed and included in the scope of public transportation management are included in the implementation of public transportation. scope of traffic management.
According to the provisions of Article 8 of the above-mentioned judicial interpretation of the Supreme People's Court, if a major traffic accident occurs within the scope of implementation of public traffic management, he will be convicted and punished for the crime of traffic accident. If driving a motor vehicle or using other means of transportation outside the scope of public traffic management causes casualties or causes heavy losses to public or private property, thus constituting a crime, it does not constitute a crime of traffic accident and shall be handled according to the following circumstances: 1. Driving in public **** Driving a motor vehicle or using other means of transportation for production or operation outside the scope of traffic management, disobeying management, violating rules and regulations, and causing production and labor safety accidents with unit supervisors and managers. Rules and regulations, and if the person in charge of the unit instructs or forces others to drive motor vehicles in violation of regulations or use other means of transportation for risky operations, causing serious casualties or other serious consequences, he shall be convicted and punished for the crime of major liability accidents.
2 Driving motor vehicles or using other means of transportation for production and operation outside the scope of public transportation management may cause safety hazards. Upon request by relevant departments or employees of the unit, the company shall be responsible for labor safety facilities. If the person directly responsible still fails to take measures, resulting in a serious casualty accident or other serious consequences, he will be convicted and punished for the crime of major labor safety accident.
3 Anyone who causes death by driving a motor vehicle or using other means of transportation to engage in non-production and business activities outside the scope of public transportation management shall be convicted and punished for the crime of negligence causing death; if he causes serious injury, , shall be convicted and punished for negligently causing serious injury; if a vehicle is seriously damaged, shall be convicted and punished for negligent damage to a vehicle.
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents
In order to punish criminal activities of traffic accidents in accordance with the law, in accordance with the relevant provisions of the Criminal Law, the trial of criminal cases of traffic accidents is now Several issues regarding the specific application of law in the case are explained as follows:
Article 1: Transportation employees or non-transportation employees
Article 1: Transportation employees or non-transportation employees violate According to traffic and transportation management regulations, if a major traffic accident occurs and a crime is constituted according to the classification of accident responsibilities, the person shall be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law.
Article 2 Anyone who causes a traffic accident under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:
(1) Causes one person to die or three or more people to be seriously injured, and all persons responsible for the accident Responsible or mainly responsible;
(2) Causing the death of three or more people, and being equally responsible for the accident;
(3) Causing direct losses to the public and property of others, Bear all or major responsibility for the accident and have no ability to take responsibility. Bearing all or major responsibility for the accident and being unable to compensate for an amount exceeding 300,000 yuan.
If a traffic accident causes serious injuries to one or more people, who is fully or mainly responsible for the accident, and falls under any of the following circumstances, he shall be convicted and punished for the crime of traffic accident:
(1) Drunk or taking drugs Driving a motor vehicle after driving;
(2) Driving a motor vehicle without obtaining the driving qualification;
(3) Driving a motor vehicle knowing that it is a motor vehicle with incomplete safety devices or failed safety parts
(4) Knowingly driving a motor vehicle with a failed safety device or safety mechanism;
(4) Knowingly driving a motor vehicle without a license plate or a scrapped motor vehicle While driving;
(5) Driving with serious overload;
(6) Fleeing the scene of the accident in order to avoid legal prosecution.
Article 3 "Hit-and-run in transportation" refers to the situation where the perpetrator has the circumstances specified in Article 2, paragraph 1, and paragraph 2, items (1) to (5) of this Interpretation. 1. The act of escaping from legal action after a traffic accident.
Article 4 Traffic accidents involving one of the following circumstances shall be classified as "other particularly serious circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:
(1) Two persons died or above, or if more than five people are seriously injured, bear all or major responsibility for the accident;
(2) If more than six people die, they bear equal responsibility for the accident;
(2) If more than six people die, (3) Causing direct losses to public property or other people's property, taking full or major responsibility for the accident, and being unable to compensate for an amount exceeding RMB 600,000.
Article 5 "Escape resulting in death" refers to the situation where the perpetrator escapes to avoid legal investigation after a traffic accident, resulting in the death of the victim due to lack of rescue.
After a traffic accident, if the person in charge of the unit, the owner of the motor vehicle, the contractor or the passenger instructs the hit-and-run person to escape, causing the victim to die because he cannot get help, he shall be charged with the crime of traffic accident** **Guilty will be punished.
Article 6 After a traffic accident, in order to evade legal investigation, the perpetrator takes the victim away from the scene of the accident and then hides or abandons it, causing the victim to die or be severely disabled due to lack of rescue, he shall be punished according to Article 1 of the Criminal Law. According to the provisions of Article 232 and Paragraph 2 of Article 234, the person shall be convicted and punished for the crime of intentional homicide or intentional injury.
Article 7 If the unit manager, motor vehicle owner or motor vehicle contractor instigates or forces others to drive in violation of regulations, causing a major traffic accident, and falls under any of the circumstances specified in Article 2 of this Interpretation, he shall be punished as a traffic offender. Convicted and punished for causing an accident.
Article 8 If a major traffic accident occurs within the scope of public traffic management, it shall be handled in accordance with Article 133 of the Criminal Law and the relevant provisions of this interpretation.
If, outside the scope of public transportation management, driving a motor vehicle or using other means of transportation causes casualties or causes heavy losses to public transportation or other people's property, which constitutes a crime, he shall be punished in accordance with the regulations. Articles 134, 135, and 233 of the Criminal Law provide for conviction and punishment.
Article 9 The higher people's courts of provinces, autonomous regions, and municipalities directly under the Central Government may, based on local actual conditions, determine the amount specified in Article 2 of this Interpretation within the range of 300,000 yuan to 600,000 yuan, or 600,000 yuan to 1 million yuan. Item (3) of paragraph 1 and paragraph 3 of Article 4 shall determine the starting amount standard for implementation in this region, and shall report it to the Supreme People's Court for record.
Hualianpei Traffic Accident Case
Beijing Second Intermediate People’s Court
Criminal Judgment
(2006) Second Intermediate People’s Court Final Penalty No. 02132
The former public prosecutor’s office, Beijing Dongcheng District People’s Procuratorate.
Appellant (defendant in the original trial) Hua Lianpei, male, 47 years old, born in Beijing on November 5, 1959, Han nationality, high school education, unemployed, living at No. 5 Denggongku Hutong, Dongcheng District, Beijing ; He was released on bail pending trial on September 1, 2005 for the crime of traffic accident.
Beijing Dongcheng District People’s Court and Beijing Dongcheng District People’s Procuratorate accused the defendant Hua Lianpei of committing the crime of traffic accident, and issued (2006) Dong Xing Chu Zi No. 125 on September 19, 2006 Within the statutory time limit, the defendant Hua Lianpei refused to accept the original verdict and filed an appeal. This court formed a collegial panel in accordance with the law. After reviewing the files and interrogating the appellant Hua Lianpei, we believed that the facts of this case were clear and decided not to hold a trial. The case has now been concluded.
The criminal judgment of the People’s Court of Dongcheng District, Beijing found that: At about 16:00 on July 11, 2005, the defendant Hua Lianpei rode a bicycle while drunk and took the victim Liang Junxing to the west of Dengshikou West Street, Dongcheng District, this city. During this period, the two accidentally fell down. Liang Jun suffered head trauma, brain contusion and laceration on the left temporal part, epidural hematoma on the right temporal part, and fracture of the right temporal bone. After rescue efforts by the hospital failed, he died on July 27 of the same year. The victim failed to be rescued by the hospital and died on July 27 of the same year. The Dongcheng Traffic Detachment of the Public Security Traffic Management Bureau of the Beijing Municipal Public Security Bureau determined that Hua Lianpei bore the primary responsibility for the accident and Liang Jun bore the secondary responsibility for the accident. On September 1, 2005, the defendant Hua Lianpei was summoned to the case by telephone from the Dongcheng Branch police of the Beijing Municipal Public Security Bureau.
The above-mentioned facts found in the original judgment are confirmed by the following evidence:
1. Notice of filing the case from the Dongcheng Branch of the Beijing Municipal Public Security Bureau, the traffic detachment of the Dongcheng Public Security Bureau of the Beijing Municipal Public Security Bureau accepted the traffic accident The case registration form and case transfer notice confirmed that the victim's family reported the case on July 13, 2005. On September 1, 2005, Hua Lianpei was summoned to the case by phone from the police handling the case. The case was summoned by phone.
2. The testimony of witness Li Wensheng confirmed that at about 16:00 on July 11, 2005, Li Wensheng was sitting on a bench on the south side of the Dengshikou Park West Street intersection waiting for someone when he suddenly heard a loud bang on the left. When I looked back, I saw a bicycle overturned on the ground, with a man and a woman lying beside it. No other vehicles passed by at that time. Li went to help the man but did not help him up. Someone on the side helped the woman up. At this time, a police car passed by. The police got out of the car and asked them how they fell. Onlookers said that the man fell while drunk while riding a bicycle. An ambulance later pulled the two away.
Judging from the scene, the bicycle flipped over from the east side to the corner of the ditch on the south side when it rolled over.
3. The testimony of witness Wu Bingbing confirmed that on July 11, 2005 At about 16 o'clock, Wu Bingbing was walking from east to west along the right side of the road from Dengshikou West Street. When he was almost walking to Beiheyan Street, he suddenly heard a woman shouting on the left side of the road. Wu saw a bicycle and a man coming from behind. I was riding, and there was a woman sitting behind me. The bicycle shook for a moment and then drove away. Then it fell to the right and fell to the ground! The sound of falling was loud. Xiao Wu stepped forward and asked the woman if she could move, but the woman said nothing. After five to ten minutes, the woman became somewhat conscious. An old lady helped her sit up, and another person called 120. After a while, a police car passed by. Two police officers got out of the car and asked them how they fell. They said they were drunk. After the ambulance arrived, everyone lifted the man into the car and the woman also got in the car. There were no vehicles passing by on the road at the time.
4. Witness Fan Haili’s testimony confirmed that at around 11:00 on July 11, 2005, Hua Lianpei and Liang Jun came to the Old Shanghai City God’s Temple Snack City for dinner and ordered five or six bottles of Yanjing beer. Around 30 minutes, the two left.
5. The testimony of witness Zheng Yi confirmed that at about 20:00 on July 11, 2005, Zheng Yi went to the emergency room of Union Hospital to pick up Dr. Qian Weimin's shift. My impression at the time was that there was a woman lying in the emergency room, and there seemed to be a man next to her. Dr. Qian said that he ordered a CT scan for the female patient and waited for the CT film to come out to see the results. After Dr. Qian got off work, Xiao Zheng urged the man to take the patient for a CT scan. Later, Xiao Zheng went to deal with other emergency patients. At 23:00, Zheng Yi saw the CT film and found that the patient had a skull fracture and epidural hematoma, and immediately notified a neurosurgeon for consultation and treatment. Before the CT results came out, Zheng Yi saw the female patient lying on the hospital bed. It was unclear whether she was comatose or drunk. Before seeing the CT results, it was not clear what the man was doing.
On the 6th, Yang Yongtao, the pre-trial brigade of the Dongcheng Branch of the Beijing Municipal Public Security Bureau, issued a work description, which reads as follows: According to Dr. Qian Weimin of Union Hospital, at around 17:00 on July 11, 2005, 120 Two patients, a man and a woman, were sent to the emergency room by ambulance. The male patient stated that he fell after drinking. The female patient could still sit up at the time, but the language used to describe the incident was unclear. During the examination, Dr. Qian found that the female patient had a hematoma on the back of her head. Since intracerebral hemorrhage could not be ruled out, further judgment could not be made, so he prescribed a CT scan for the female patient and waited for the results to be available before conducting diagnosis and treatment. Since there were many emergency patients at that time, Dr. Qian examined other patients after completing the examination. It was not until 20 o'clock when the shift was handed over that he explained the female patient's condition to the succeeding doctor. During the shift handover, Dr. Qian repeatedly urged the man taking care of the female patient, but the doctor had no right to interfere with whether the patient had been examined in accordance with the doctor's instructions. The man did not leave the female patient for long. The female patient vomited several times in the emergency bed. It is unknown whether it was alcohol or other reasons.
7. The road traffic accident scientific and technical appraisal certificate, vehicle technical appraisal certificate, on-site investigation records and diagrams issued by the Dongcheng Traffic Detachment of the Public Security Traffic Management Bureau of the Beijing Municipal Public Security Bureau confirmed that the police on July 14, 2005 The site was surveyed from 16:15 to 16:50. The site was an intersection, with asphalt pavement, flat road, and good visibility. The accident occurred during the day; the intersection entered the downhill section of the intersection from east to west, with a slope of 5°; On July 20, 2005, Hualianpei's bicycle was inspected. It was found that the front and rear brakes of the bicycle were sensitive and effective, and the steering was effective. No damage or abnormalities were found in other parts.
8. The traffic accident determination certificate issued by the Dongcheng Traffic Detachment of the Public Security Traffic Management Bureau of the Beijing Municipal Public Security Bureau found that Hua Lianpei and Liang Jun fell down while riding a bicycle while Liang Jun was drinking. Hua Lianpei bears the primary responsibility for the accident, and Liang Jun bears the secondary responsibility for the accident.
9. The autopsy appraisal certificate and photos issued by the Forensic Examination and Appraisal Center of the Beijing Municipal Public Security Bureau, and the Beijing Resident Death Medical Certificate and Diagnostic Medical Records issued by the Peking Union Medical College Hospital confirmed that the injuries suffered by the victim Liang Jun were He died on July 27, 2005 due to head trauma, left temporoparietal brain contusion, right temporoparietal epidural hematoma, and right temporal bone fracture.
10. Phone records and printouts of demographic information inquiries confirm the identity of defendant Hua Lianpei.
Based on the above facts and evidence, the People's Court of Dongcheng District, Beijing held that the defendant Hua Lianpei violated traffic and transportation management regulations, drove a non-motor vehicle while drunk and carried adults, and caused a traffic accident, resulting in the death of one person. Bearing the main responsibility for the accident, his behavior endangered public safety, constituted the crime of traffic accident, and should be punished according to law. The defendant Hua Lianpei voluntarily surrendered to the public security organ after receiving a telephone summons from the public security organ and truthfully confessed the main criminal facts. He should be deemed to have surrendered and may be given a lighter punishment and suspended sentence. After the verdict, the defendant Hua Lianpei was guilty of traffic accident and was sentenced to one year in prison, suspended for one year.
The reason for Hua Lianpei’s appeal is that Union Hospital delayed treatment and was responsible for Liang Jun’s death, and his behavior did not constitute a crime.
The facts and evidence found in the second instance were the same as those in the first instance. The listed evidence was cross-examined by the court of first instance and confirmed by this court.
This court believes that the appellant (defendant in the original trial) Hua Lianpei violated traffic and transportation management regulations, drove a non-motorized vehicle while drunk while carrying adults, caused a traffic accident, and caused serious consequences of death. He is responsible for the accident. The main responsibility is that his behavior constitutes the crime of traffic accident and should be punished according to law. In view of his surrender, the punishment can be reduced and suspended. As for Hua Lianpei’s reason for appeal, after investigation, it was found that with the testimony of multiple witnesses and documentary evidence such as traffic accident certificates and appraisal certificates, it was enough to prove Hua Lianpei’s criminal facts, and Hua Lianpei should bear the responsibility for traffic accident crimes according to law, and There is no evidence to prove that Union Hospital delayed treatment, so this court will not support Hua Lianpei’s appeal. The judgment made by the original court based on defendant Hua Lianpei's criminal facts, crime nature, circumstances and degree of harm to society, the conviction and application of the law were correct, the sentence was appropriate, and the trial procedures were legal, and should be upheld. In accordance with the provisions of Article 189, Paragraph 1, of the Criminal Procedure Law of the People's Republic of China, the verdict is as follows:
Hua Lianpei's appeal is dismissed and the original judgment is upheld.