At 0: 00 on October 4th, 2065438+0165438/KLOC-0, the appellant Zhu Xiaohu drunk driving a small car with the brand Su AXL 176, and when driving east and west along the net board route in Qixia District, Nanjing, Jiangsu Province, he collided with a small car with the brand Su AV433R. Then it accelerated to about 1 10km/h, and when it reached the east side of Huadian Donglu Village bus station, it collided with the left front of a small car with the brand Su AU808X parked on the north side of the road, and forcibly overtook the right side of the bus with the brand Su AG84 18 at high speed. After colliding with the right side of the bus, I knocked down Shi and Zhu, who were waiting here. Subsequently, Zhu Xiaohu's vehicle crashed into a small car with the brand Su ART960 and stopped at the street tree parked on the north side of the road, causing many cars to rear-end. After the incident, it was identified that Zhu Xiaohu's blood sample was detected with ethanol content of 33.4mg/ 100ml that night.
The Intermediate People's Court of Nanjing City, Jiangsu Province found that Zhu Xiaohu constituted the crime of endangering public security by dangerous means, sentenced him to life imprisonment and deprived him of political rights for life; The plaintiff's claim for compensation for incidental civil action was rejected, including death compensation and living expenses of dependents, totaling RMB 30,47213.6 yuan.
After the verdict was pronounced in the first instance, Zhu Xiaohu, the plaintiff in the incidental civil action in the first instance, appealed. The Higher People's Court of Jiangsu Province held that the people's court of first instance convicted the appellant Zhu Xiaohu accurately, sentenced him appropriately, the trial procedure was legal and the incidental civil judgment was correct. It ruled that the appeal was dismissed and the original judgment was upheld.
The presiding judge of the Jiangsu Provincial High Court believes that, first of all, the handling of the criminal part of this case. Zhu Xiaohu drove a motor vehicle after drinking, and violated the rules continuously on the main roads of the city with heavy traffic volume, resulting in two deaths and serious consequences of vehicle loss of more than 240,000 yuan. According to the provisions of Article 115 of the Criminal Law of People's Republic of China (PRC), his behavior has constituted the crime of endangering public security by dangerous means. The crime is intentional crime and should be sentenced to fixed-term imprisonment of 10 years or more, life imprisonment or death penalty. The judgment of first instance conforms to the provisions of laws and relevant judicial interpretations. After the verdict was pronounced in the first instance, the victim's family applied to the Nanjing Municipal People's Procuratorate for a protest. After examination, the Nanjing Municipal People's Procuratorate held that the conviction and sentencing in the original trial were not improper and did not lodge a protest.
During the second trial of Jiangsu Higher People's Court, the collegial panel listened to the opinions of the relatives of the victims on the handling of the case, carefully examined Zhu Xiaohu's appeal reasons and defense opinions, fully considered the nature of Zhu Xiaohu's behavior and the degree of harm to society, and referred to the results of handling similar cases announced by the Supreme Court, and finally made a final ruling rejecting the appeal and upholding the original judgment.
Secondly, about the handling of criminal incidental civil action in this case. According to the provisions of the revised Criminal Procedure Law of People's Republic of China (PRC) and related judicial interpretations, incidental civil litigation judgments only support "material losses" including medical expenses, nursing expenses, lost time, transportation expenses and funeral expenses. At the same time, if the parties to an incidental civil action reach a mediation or settlement agreement on compensation, the scope and amount of compensation can be unlimited without violating the principle of legality and voluntariness.
In the trial of the first instance of this case, the court of first instance has explained the compensation standard of incidental civil action to the plaintiff and Zhu, clearly telling them that the compensation standard is different from the ordinary traffic accident crime, and has presided over mediation between the two parties for many times. Because the two sides could not reach an agreement on the amount of compensation, and the relatives of the victim did not understand Zhu Xiaohu's criminal behavior, no mediation agreement was finally reached. The court of first instance held that Zhu Xiaohu and his relatives had compensated the victim's family for 654.38 yuan +0.5 million yuan after the incident, which exceeded the funeral expenses, transportation expenses and lost time expenses of 67,000 yuan included in this case. The victim's family had obtained compensation for direct material losses caused by the accident, and rejected the plaintiff's claims for death compensation, living expenses of dependents, spiritual damages and other litigation claims.
Source:? China News Network