Defendant Zhao XX, male, born on1October 27th, 1958. On May 22, 2009, he was criminally detained by Luohe Public Security Bureau on suspicion of negligent destruction of traffic facilities; On June 1 day, 2009, the People's Procuratorate of Yuanhui District of Luohe City made a decision not to arrest because there was no need to arrest. On the same day, Hui Yuan Branch of Luohe Public Security Bureau changed its compulsory measures to bail pending trial.
Defendant Wang X, male, was born on 19751October 8th. On April 29, 2009, he was criminally detained by Luohe Public Security Bureau on suspicion of negligent destruction of traffic facilities; On May 3, 2009, with the approval of Yuanhui District People's Procuratorate, 13 was arrested by Hui Yuan Branch of Luohe Public Security Bureau on the same day.
Defender Zhang Xiangyang, lawyer of Henan Huixing Law Firm.
The People's Procuratorate of Yuanhui District of Luohe City prosecuted the defendants Zhao XX and Wang XX for the crime of negligent destruction of traffic facilities. (2009)7 1, and filed a public prosecution with our hospital on September 17, 2009. Our court formed a collegial panel according to law and heard the case in public. Luohe Yuanhui District People's Procuratorate appointed prosecutor Chen Nan to appear in court to support the public prosecution. Defendant Zhao XX, Defendant Wang XX and their defender Zhang Xiangyang attended the proceedings. The trial is now over.
The People's Procuratorate of Yuanhui District of Luohe City accused: At 4 o'clock in the morning of April 12, 2009, the defendant Zhao XX hired the defendant Wang XX to drive a dump truck with license plate number Yu L-5 1078, which was loaded with sand, and the total weight of the truck was 266.5438+09 tons, which was seriously overloaded. When driving from south to north to the deck of the national highway 107 Lihe Bridge in Luohe City, five slabs of the sixth span of the bridge broke. Its trailer and deck fell into the Li River, causing serious damage to the deck of the Li River Bridge. Luohe Highway Administration said that the accident caused the lowest direct economic loss of 6.5438+0.36 million yuan. After the incident, the defendant Zhao XX paid compensation of 300,000 yuan.
The above allegations are confirmed by the relevant evidence provided by the public prosecution agency. It is believed that the actions of the defendants Zhao XX and Wang XX have violated the provisions of the second paragraph of Article 119 of the Criminal Law of People's Republic of China (PRC), and their criminal responsibilities should be investigated for the crime of negligent destruction of traffic facilities. Request the court to punish according to law.
Defendant Zhao XX has no objection to the accusation.
Defendant Wang X has no objection to the charges. His defender suggested that the defendant Wang X was driving an overloaded vehicle, which was an important reason for the bridge collapse, but it was not the only reason. The design load of this bridge is insufficient and it has been in disrepair for a long time. Defendant Wang X was employed by the owner, and had no decision on the overweight of the vehicle and its driving route. He was less responsible for the damage to the bridge and should be given a lighter punishment as appropriate. If the defendant Wang X has surrendered himself, he should be given a lighter or mitigated punishment according to law. The defendant, Wang X, had a good attitude of pleading guilty and showed remorse. It can be given a lighter punishment as appropriate, and it is recommended to apply probation to it.
It was found through trial that at 4 o'clock in the morning of April 12, 2009, the defendant Zhao×× hired the defendant Wang× to drive a dump truck with the license plate number Yu L-5 1078 Hongyan, and the total weight of the cargo was 266. 19 tons, which was seriously overloaded. When driving from south to north to the deck of the national highway 107 Lihe Bridge in Luohe City, five slabs of the sixth span of the bridge broke. Its trailer and deck fell into the Li River, causing serious damage to the deck of the Li River Bridge. Luohe Highway Administration said that the accident caused the lowest direct economic loss of 6.5438+0.36 million yuan. After the incident, the defendant Zhao XX paid compensation of 300,000 yuan.
It was also found out that on April 14, 2009, the defendant Wang X surrendered himself to the accident handling brigade of Luohe Traffic Police Detachment. On the same day, he was administratively detained by Luohe Public Security Bureau for 15 days.
The above facts are confirmed by the following evidence: 1, road traffic accident confirmation. According to the traffic police department, the defendant Wang× was driving a vehicle without registration to raise the guardrail and trailer, and the serious overload was the only cause of the accident, and he should bear all the responsibility for the accident. 2. Confessions and excuses of defendants Zhao XX and Wang XX. Both defendants have no objection to the alleged facts. 3. Testimony of witness Xu XX. On the day of the crime, it was confirmed that the bridge deck was broken when Wang X drove the vehicle of Yu L-5 1078 across the Lihe Bridge. 4, on-site inspection records, photos, investigation reports, bridge loss identification, etc. The general situation, causes and loss value of deck damage of Lihe River are determined. 5. Registration form for accepting criminal cases, identification certificate, etc. Verify the source of the case and the identity of the defendant. 6, the administrative punishment decision. It was confirmed that the defendant Wang X was administratively detained by Luohe Public Security Bureau for 15 days after the accident and surrendered himself voluntarily. 7. Payment receipt. Confirmed that the defendant Zhao XX compensated for the loss of 300,000 yuan after the incident.
Our court believes that the defendants Zhao XX and Wang XX have negligently damaged traffic facilities, and their actions have constituted the crime of negligent damage to traffic facilities. The accusation of the public prosecution agency is established and our court supports it. Defendant Zhao XX can take the initiative to compensate for the losses, and has a good attitude of pleading guilty and does show repentance. Can be given a lighter punishment as appropriate and suspended according to law. After committing a crime, the defendant Wang X was able to voluntarily surrender and truthfully confess his crimes, which was a surrender. According to the law, the punishment can be lightened or mitigated, and the defense opinions of his defenders are adopted by our court. For the defendant Zhao XX, according to the provisions of the second paragraph of Article 119 and the first paragraph of Article 72 of the Criminal Law of People's Republic of China (PRC); In accordance with the provisions of the second paragraph of Article 119, the first paragraph of Article 67 and the first paragraph of Article 72 of the Criminal Law of People's Republic of China (PRC), the defendant Wang Xx was sentenced as follows:
1. Defendant Zhao XX committed the crime of negligent destruction of traffic facilities and was sentenced to three years' imprisonment and suspended for three years.
2. Defendant Wang X committed the crime of negligent destruction of traffic facilities and was sentenced to three years' imprisonment and suspended for three years.
(The probation period of probation above is calculated from the date when the judgment is determined).
If you refuse to accept this judgment, you can appeal to Luohe Intermediate People's Court through our hospital or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and fifteen copies of the appeal shall be submitted.
Presiding judge Li Youfeng
Judge Chen Xiao.
Judge Joe
2009 1 1 6/month
Bookkeeper Chen