It was found through trial that on the morning of February 25th, 20 10, 10, the defendant Fei Liangyu drove a K5B323 Jiefang heavy dump truck loaded with stones from Wandi Village, Hongqiao Town, Yueqing City to the reclamation site in Lingang Development Zone, Yueqing City. At about 9: 45, when the vehicle passed Zhaiqiao Village, Pu Yin Town, Hongnan Avenue, pedestrian Qian Yunhui suddenly overtook the left on the right side of the road in front of the vehicle. Defendant Fei Liangyu honked his horn, turned the steering wheel to the left, braked suddenly and failed to avoid. Qian Yunhui was knocked down on the left side of the front of the vehicle, and the left front wheel crushed his chest and neck, causing Qian Yunhui to die on the spot. After the accident, the defendant Fei Liangyu instructed others to replace himself as the perpetrator in an attempt to escape legal investigation. According to the traffic police detachment of Wenzhou Public Security Bureau, in this traffic accident, the defendant Fei Liangyu bears the main responsibility and Qian Yunhui bears the secondary responsibility; After forensic identification, the victim Qian Yunhui died of severe neck and chest injuries caused by motor vehicle collision and crushing. It was also found that the victim's family of Qian Yunhui had been compensated for 6,543,800 yuan+0,500 yuan.
The court held that the defendant Fei Liangyu violated traffic laws and regulations, and driving without a license overloaded the vehicle, causing a major traffic accident, causing one person to die and being mainly responsible for the accident, and his behavior constituted a traffic accident crime. The defendant Fei Liangyu asked Huang to replace him after the accident, which showed that he had the intention to evade legal investigation subjectively, so he should be considered as escaping after a traffic accident. The defendant called the police in time after the incident and did not destroy the scene. During the trial, he pleaded guilty and the victim's family has been compensated, which should be considered when sentencing.
To sum up, the above judgment was made in accordance with Articles 133 and 61 of the Criminal Law of People's Republic of China (PRC) and Article 2, Paragraph 1 (1) and Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Traffic Accident Criminal Cases.