Review of the Tan Mingming Incident
The case occurred at 22:00 42 minutes on July 3, 2019, Dongcheng District, Yongcheng City, Henan Province At the intersection of Donghuan Road and Yongxing Street, a Maserati car with license plate number Henan NE**55 rear-ended a BMW car (license plate number Henan N0**2L) waiting at the traffic light at the intersection, causing the BMW to catch fire. , 2 people in the car died and 1 was injured; 3 people in the Maserati sedan were injured in the accident. The whole process of the Maserati incident in Yongcheng did not start when the Maserati rear-ended a BMW. The real start of the incident was when Tan Mingming drove a Maserati and collided with an Anhui FE**69 Volkswagen sedan and several other cars on the side of the road in Dongcheng District Local Tax Lane. After being intercepted by the crowd, he ran away and finally hit a BMW waiting for a traffic light. The accident resulted in the death of Ge and Jia in the BMW on the spot. The survivor Wang suffered second-degree burns (40%) and suffered first-degree serious injuries. The driver of the hit-and-run car, Tan, suffered liver contusion and sternum manubrium fracture, and Liu Songtao suffered lung contusion and side bone fracture. Zhang Xiaoqiu suffered from abdominal effusion.
The first hearing of this case was held at 8:30 on January 16, 2020, and the "Henan Yongcheng Maserati Collision with BMW Case" was heard in the Yongcheng People's Court. Since the incident aroused considerable public opinion, Tan Mingming's family has been in the fur business for many years and has a relatively good financial background. In addition, during the trial, the incidental civil litigation attorney of the victim's family pointed out that Liu Songtao had studied abroad, his father owned a number of department stores and supermarkets, and his family was also in a good financial situation, so the Shangqiu Intermediate People's Court filed a lawsuit with the Yongcheng City People's Court. (The picture comes from the "Legal Daily" WeChat official account)
The public prosecutor's office prosecuted three people from Maserati for endangering public safety. The defendant Tan Mingming was involved in a traffic accident while driving drunk. Ignoring dissuasion, they continued to drive and ram into each other, causing heavy casualties and economic losses. Defendants Liu Songtao and Zhang Xiaoqiu knew that Tan Mingming was drunk and driving and caused a traffic accident, but still instigated him to escape, causing more serious consequences. The actions of the three defendants constituted The crime of endangering public security by dangerous means. In the same crime, Tan Mingming was the principal culprit, and Liu Songtao and Zhang Xiao were the accomplices. At the time of the incident, Tan Mingming (23 years old, unemployed), Liu Songtao (24 years old, Australian student), and Zhang Xiaokui (21 years old, employee of a municipal enterprise) drank three kinds of wine: 1 bottle of red wine (brought by Liu Songtao from home) ), 3 bottles of sake (bought by Zhang Xiaokui before the meal), and 11 bottles of beer (ordered at a skewers shop). After testing, the alcohol contents in the blood of Tan, Liu and Zhang were 167.66mg/100ml, 231.10mg/100ml and 170.36mg/ml respectively. After hitting the BMW, the Maserati's speed was 120~135km/h. (The picture comes from the Internet, from left to right, Liu Songtao, Tan Mingming, and Zhang Xiaoqu)
The attitudes of the three defendants Tan Mingming: Tan Mingming pleaded guilty in court, apologized to the victim’s family with tears, and Kneel down and say sorry to your parents and apologize to society. Zhang Xiaoqu: Not guilty. Liu Songtao: Obey the court’s decision. The victim's family members did not agree to the mediation and demanded that the three defendants be sentenced to death.
Highlights of the trial: When Tan Mingming was questioned by the police, he said: He had called for a driver, but he did not come after waiting for a while, so he finally drove himself. After the accident, the car was stopped and she asked in a panic what to do. Zhang Xiaodu quickly said, "Tan Mingming, run away."
During the car review, Tan Mingming said that she heard Liu Songtao also say it, but because Zhang Xiaodu's voice covered Liu Songtao's voice, she didn't hear what Liu Songtao said, so she let it go. Liu Songtao said: It's not clear whether he meant to let Tan Mingming go, because he was disconnected at that time and "can't remember clearly". Zhang Xiaoqiu said: He didn't know how he got into the car or what happened in the car. If he was conscious, it would be impossible for him to let Tan Mingming leave. However, he once confessed that after the first serial scratching was stopped, 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 shifting gears back and forth. Before the incident, Tan Mingming had a bad record. From June 2017 to the incident, Tan Mingming's driver's license had 18 violations, including running red lights, speeding, driving in the wrong direction, etc. The Maserati he drove had 68 traffic violations from April 2017 to the incident. Therefore, the content discussed in the trial included whether the remaining two people in the Maserati, Liu Songtao and Zhang Xiaoqiu, instigated the escape after the driver Tan Mingming had a drunk driving accident, resulting in subsequent collision with the BMW, causing serious injury and death.
Tan Mingming’s three backgrounds and BMW owner’s background (only revealed by netizens, not verified) Some netizens revealed Tan Mingming’s family background. Tan Mingming’s grandfather started in the leather business more than 20 years ago. , developed from a family workshop to a leather factory. Now the query shows that the company is "Yongcheng Huacheng Fur Sales Co., Ltd.", Yongcheng Huacheng Fur Sales Co., Ltd., with a registered capital of 20 million yuan. Secondly, the business scope is fur processing and Sales are indeed very abundant in the local area. In addition, Tan's Leather Factory is the largest enterprise in the area, with profits and taxes of more than 600,000 yuan. Its industry is also expanding. Although it has been reported for serious pollution many times, it has been ignored in the end. After Tan Mingming's incident, the leather factory ceased operations. The other woman who was stripped of coal in the car, Zhang Xiaoqiu, is 21 years old. She works in a company affiliated with Yongcheng City. Her father is the deputy director of the Land Assessment Exchange of the Bureau of Land and Resources. The passenger, Liu Songtao, was a 24-year-old overseas student, and his parents were the owners of the Jukelong supermarket chain. The BMW driver, Wang, was an ordinary citizen. In order to save him, his family sold his family’s land and property. The deceased, Ge, was a 44-year-old employee. According to the Shangqiu City Human Resources and Social Security Bureau, he was the deputy director and the head of the Employment Service Center of a secondary public institution. The deceased, Jia, was 43 years old and the principal of a local technical school in Shangqiu. Two people died that night. They were going to the local municipal committee for a meeting. Since it was late, Wang kindly sent them home.
The final judgment in the Maserati case was released by the Henan Provincial Higher People's Court: Henan Province Shangqiu Intermediate People's Court. On November 6, 2020, the defendants Tan Mingming, Liu Songtao, and Zhang Xiaoqiu were publicly sentenced to the crime of endangering public safety by dangerous means at the Yongcheng People's Court. 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 results of the trial and answered several questions of public concern. This is an excerpt from this website.
1. Why has the Maserati case been delayed for so long? Due to the large number of parties and different demands, political and legal authorities at the city and county levels and the local party committee and government attach great importance to it. We will work with relevant parties. The department carried out a large amount of mediation work, and the outbreak of the new crown epidemic after the court session resulted in a long trial period.
2. Why is this case classified as a crime of endangering public safety by dangerous means? The People's Liberation Army, the National Criminal Law and the Supreme People's Court's "Opinions on the Application of Laws on the Crime of Drunk Driving" stipulate: "A drunk person who commits a crime shall bear criminal responsibility." " "The perpetrator clearly knew that drinking and driving was illegal and that drunk driving would endanger public safety. However, he ignored the law and drove drunk, especially after an accident, and continued to drive and ram into the car, causing heavy casualties. This shows that the perpetrator was subjectively aware of the harm. The results continued to exist with a laissez-faire attitude and with the intention of endangering public safety. For this kind of drunken driving that causes serious casualties, he should be convicted and punished for the crime of endangering public safety by dangerous means in accordance with the law.
"This case is a major and vicious case caused by drunk driving. After the defendant Tan Mingming was involved in a traffic accident while driving drunk, he ignored the dissuasion and continued to drive and escape. He hit a BMW waiting for a traffic signal on an urban highway and injured all the passengers in the car. Ge Moumou and Jia Moumou died on the spot, and the driver Wang Moumou was seriously injured; the defendants Liu Songtao and Zhang Xiaoqiu did not dissuade Tan Mingming from driving drunk, and encouraged Tan Mingming to drive away after the accident, causing serious consequences.
Subjectively, the defendant had a laissez-faire attitude toward continuing to harm the consequences, and objectively caused heavy casualties and property losses, which constituted the crime of endangering public security by dangerous means.
3. Against the three defendants. Sentencing considerations: The circumstances of this case are serious and the consequences are serious. How to convict and sentence the three defendants is the focus of the trial and an issue of widespread concern to all sectors of society. According to the provisions of the Criminal Law, endangering the public in dangerous ways can be punished. In this case, after the three defendants drank together, the defendant Tan Mingming drove Liu Songtao and Zhang Xiaoqiu away, and then a traffic accident occurred. Dissuasion, Liu Songtao, and Zhang Xiaoqiu encouraged Tan Mingming to drive away. Regardless of the dissuasion of the surrounding people, Tan Mingming continued to drive away and hit the victim's vehicle at high speed, causing a tragedy. Tan Mingming was the direct perpetrator and principal culprit of this crime, and should have been punished according to law. Severe punishment. In view of the fact that he drove while drunk and did not subjectively want or actively pursue the harmful consequences, it is an indirect intentional crime. Its subjective malignancy and personal danger are consistent with those of intentionally hitting people and intentionally endangering public safety. There is little difference between direct and intentional crimes. Tan Mingming truthfully confessed his crime after arriving at the case, confessed, and actively compensated the victim for his economic losses. He showed repentance and could be given a lighter punishment according to the law. Based on the above circumstances, and with reference to similar circumstances in recent years. According to the verdict of the case, it was decided to sentence Tan Mingming to life imprisonment and deprive him of political rights for life. The defendants Liu Songtao and Zhang Xiaoqu were accomplices. The crime was relatively minor. If they actively compensated the victim for their economic losses and showed repentance, they could be suspended from prison in accordance with the law.