Party information
Criminal cases are accompanied by civil judgments.
The public prosecution organ is the People's Procuratorate of Linqu County, Shandong Province.
Plaintiff in incidental civil action * * * * *. It is the wife of the victim Lu Mobing in this case.
Plaintiff in incidental civil action * * * * *. He is the son of the victim Lu Mobing in this case.
Plaintiff in incidental civil action * * * * *. He is the father of the victim Lu Mobing in this case.
Plaintiff in incidental civil action * * * * *. It is the mother of the victim Lu Mobing in this case.
Liu Gang, the litigation agent of the plaintiff in the above-mentioned incidental civil action, is a lawyer of Shandong Yu Ming Law Firm.
Defendant Sun Donghai. 20 15 was criminally detained by linqu county public security bureau on February 5th, and arrested by linqu county public security bureau on February 6th of the same year. Now detained in Linqu County Detention Center.
Trial process
The People's Procuratorate of Linqu County of Shandong Province accused the defendant Sun Donghai of committing traffic accidents with indictment No.2004. (20 15) 158, and filed a public prosecution with our hospital on 20 15438+0. In the course of litigation, plaintiffs * * * * * *, * * * * and * * * in incidental civil litigation filed incidental civil litigation with our court. On the same day, after examination and acceptance, our hospital formed a collegial panel according to law and held a public hearing to jointly hear the case. Linqu County People's Procuratorate appointed procurators Li Yongchao and Qi to appear in court to support the public prosecution, and plaintiffs * * * * * * * *, and defendant's litigation agent Liu Gang attended the proceedings. The trial is now over.
Case facts
It was found through trial that around1October 28th, 65438+2005+ 19, the defendant collided with the electric bicycle driven by the victim Lu Moubing while driving along the Weijiu route from south to north in Linqu County. Confirmed by the Traffic Police Brigade of Linqu County Public Security Bureau, the defendant Sun Donghai took full responsibility for the accident.
In addition, it is found that the economic losses caused by the death of the victim Lu Mobing by the plaintiffs * * * * * * * * * * in incidental civil litigation are: the lost time for accident handlers is 292.55 yuan, the death compensation is 665,438 yuan+00,980 yuan (including the living expenses of the dependents of 26,540 yuan), and the funeral expenses are 26.540 yuan.
It was also found that the defendant Sun Donghai was sentenced to one year's imprisonment and fined 10000 yuan by Linqu County People's Court in 2004 for committing fraud. In 2007, he was sentenced to one year and six months in prison by Linqu County People's Court for committing fraud and fined 10000 yuan; In 2008, he was re-educated through labor for one year for fraud; 20 10 was reeducated through labor for one year and three months for fraud; On February 9, 20 12, Linqu County People's Court sentenced him to two years and three months' imprisonment and fined him 30,000 yuan.
The defendant had no objection to the above facts during the trial, and had household registration certificate, case arrival, handling instructions, criminal judgment, criminal file, traffic accident certificate, cremation certificate, death certificate, notice of corpse disposal, household registration book, testimony of witnesses Feng Mou, Gao Mou, Yin Mouyi and * * * *, and road inspection by the traffic police brigade of Linqu County Public Security Bureau.
Court view
We believe that the defendant, Sun Donghai, violated the laws and regulations on road traffic safety and caused a traffic accident, resulting in one death, and escaped after the accident, taking full responsibility for the accident. His behavior has constituted a traffic accident crime, and the charges charged by the public prosecution agency are established, and the defendant should be punished. Defendant Sun Donghai pleaded guilty voluntarily and truthfully confessed the facts of the crime, so he can be given a lighter punishment. The economic losses caused by the defendant's criminal behavior to the plaintiff in the incidental civil action shall be compensated within the scope prescribed by law. Claims for death compensation, lost time for accident handlers, funeral expenses, living expenses of dependents, etc. The plaintiff's claim in the incidental civil action conforms to the law, and our court supports it, but the lost time expenses of the accident handlers shall be calculated according to law. The plaintiff in the incidental civil action claims that the transportation fee conforms to the law, which is supported by our court, but the transportation fee should be considered by the plaintiff in the incidental civil action at his discretion. In order to crack down on crimes and maintain normal traffic and public order, according to Articles 133, 67 (3) and 36 (1) of the Criminal Law of People's Republic of China (PRC), Articles 1 and 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Traffic Accident Criminal Cases and the Supreme People's Court's Application,
The interpretations of the first paragraph of Article 138, the first paragraph, the second paragraph, the third paragraph and the seventy-sixth paragraph of Article 155 of the Road Traffic Safety Law of the People's Republic of China are as follows:
Case results
1. Defendant Sun Donghai was convicted of traffic accident and sentenced to four years and three months in prison.
(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention will be converted into one day of imprisonment, that is, from February 5, 20 15 to May 4, 20 19).
Second, the economic losses of 63689 1.95 yuan caused by the death of the victim Liu Mobing to the plaintiffs * * * * * * * * *, shall be borne by the defendant and paid within ten days from the effective date of this judgment.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Weifang City, Shandong Province through our hospital or directly within ten days from the second day of receiving the judgment. If you appeal in writing, you should submit one original and six copies.
Chief referee Gao Zhihai
Acting Judge Yang Kaishun
People's Juror Chen Xuefang
2 _1July 3, 5