People's Court of Zhuzhou County, Hunan Province
criminal judgement
(20 14) Counties Punished Zi ChuNo. 12
People's Procuratorate of Zhuzhou County, Hunan Province.
Defendant Ma Moumou, male,1born on February 29th, 960, Han nationality, born in Xiangtan County, Hunan Province, with junior high school education, farming and living in Xiangtan County, Hunan Province. Suspected of traffic accident, he was detained by Zhuzhou County Public Security Bureau on July 20 13, arrested by Zhuzhou County People's Procuratorate on August 2, 20 13 and arrested by Zhuzhou County Public Security Bureau on August 3, 20 13. Now detained in Zhuzhou County Detention Center.
The People's Procuratorate of Zhuzhou County accused the defendant Ma Moumou of committing traffic accidents with Zhuzhou Criminal Inspection (20 13)No. 148, and filed a public prosecution with our hospital on February 25, 20 13. After the court accepted the case, ordinary procedures were applied according to law, with Judge Liu Yaling as the presiding judge, people's jurors Zeng Xianwen and He Xuezhi as the collegiate bench, and the case was heard in public, with the clerk Tan Mingming as the transcript. The People's Procuratorate of Zhuzhou County, Hunan Province, the public prosecution agency, appointed the procurator Tan Fei to appear in court to support the public prosecution, and the defendant Ma Moumou attended the lawsuit. The case has now been closed.
The People's Procuratorate of Zhuzhou County sued the accusation that in August 2009, Ma bought Xiang 02-E0386 large and medium-sized tractor from Yin Mouyi, a native of Guyuefeng Township, Zhuzhou County. After the resale, the horse only went through the annual inspection of the vehicle on 20 10, and has not gone through the annual inspection procedures since then. The car was in poor condition, and the defendant Ma knew that the brakes of the car did not meet the safety requirements and still drove. On the morning of June 5th, 20 12, the defendant Ma Moumou drove the Xiang 02-E0386 tractor from Wangshiwan Township, Zhuzhou County to Gu Yue Feng Town, Zhuzhou County. At about 8: 40, he passed the section of Hongyi Village, Gu Yue Feng Town, Zhuzhou County. On the left side of the bypass road, I met Yin Moumou (without a helmet) driving a Hunan B9E830 motorcycle from the opposite direction. Although Ma Moumou stepped on the brakes at that time, due to insufficient braking force, he failed to slow down and drive to the right, causing the two cars to collide. In addition, Yin Moumou did not wear a helmet when driving a motorcycle, causing Yin Moumou's head injury, and the two cars were partially damaged on the spot. Yin Moumou was immediately sent to the First People's Hospital of Zhuzhou City for treatment. After several craniotomy operations, he was discharged from hospital on July 29th, 20 12, and Yin died on July 29th, 20 13. 1 1.
On June 8, 20 12, Zhuzhou motor vehicle technology testing center conducted vehicle technical inspection on Xiang 02-E0386 large and medium-sized tractor driven by Ma Moumou: the braking performance of the first and second axles of the vehicle did not meet the requirements of GB2 186 1-2008 Technical Conditions for Motor Vehicle Operation Safety. On June 20th, 20 12, it was confirmed by the traffic police brigade of Zhuzhou County Public Security Bureau that Ma Moumou did not slow down and drove to the right when coming from the opposite direction, and his behavior violated the first paragraph of Article 48 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China. "On roads without central isolation facilities or center lines, motor vehicles should slow down and drive to the right when coming from the opposite direction, and keep a necessary safe distance from other vehicles and pedestrians." 201March 19 was identified by the Judicial Appraisal Center of Hunan Provincial People's Hospital: Yin's death was caused by severe malnutrition and lung infection after brain injury caused by traffic accidents, leading to multiple organ failure. Appraised by Zhuzhou Zhongzheng Judicial Appraisal Institute on September 25, 20 13, the appraiser Yin Moumou was seriously injured before his death. 20 13 12.20 was identified by Zhuzhou zhongzheng judicial appraisal institute. The cause of Yin's death was severe malnutrition and complications caused by craniocerebral injury in this traffic accident, which led to multiple organ failure and death. Injury and death are completely related.
After the incident, the defendant Ma Moumou absconded after paying the medical expenses of18,500 yuan, and was pursued by Zhuzhou County Public Security Bureau on April 20 16, and was arrested and brought to justice on July 9, 2065,438.
The evidences of the above facts are: 1, the household registration information of the defendant Ma Moumou; 2. Witness testimony; 3, road traffic accident site investigation records; 4. Documentary evidence such as judicial expertise opinions; 5, the defendant's confession and defense. The court held that the defendant Ma Moumou ignored the laws and regulations on road traffic safety and knew that the motor vehicle whose braking force did not meet the safety requirements was still driving, causing serious injuries to others, thus evading the obligation of treatment and leading to the serious consequences of the victim's death. His behavior has violated Article 133 of the Criminal Law of People's Republic of China (PRC) and Item 3 of Paragraph 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application in the Trial of Traffic Accident Cases. The facts of the crime are clear and the evidence is indeed sufficient. According to Article 172 of the Criminal Procedure Law of People's Republic of China (PRC), if a public prosecution is initiated, please be sentenced according to law.
Defendant Ma Moumou has no objection to the criminal facts and charges accused by Zhuzhou County People's Procuratorate.
It was found through trial that in August 2009, Ma bought Xiang 02-E0386 large and medium-sized tractor from Yin Mouyi, a native of Gu Yue, Zhuzhou County. After the purchase, Ma only went through the annual inspection of the vehicle on 20 10, and then did not go through the annual inspection procedures, and the vehicle was in poor condition. The defendant Ma knew that the vehicle brakes did not meet the safety requirements and continued to drive. On the morning of June 5th, 20 12, the defendant Ma Moumou drove the Xiang 02-E0386 tractor from Wangshiwan Township, Zhuzhou County to Gu Yue Feng Town, Zhuzhou County. At about 8: 40, he passed the section of Hongyi Village, Gu Yue Feng Town, Zhuzhou County. On the left side of the bypass road, I met Yin Moumou (without a helmet) driving a Hunan B9E830 motorcycle from the opposite direction. Although Ma Moumou stepped on the brakes at that time, due to insufficient braking force, he failed to slow down and drive to the right, causing the two cars to collide. In addition, Yin Moumou did not wear a helmet when driving a motorcycle, causing Yin Moumou's head injury, and the two cars were partially damaged on the spot. Yin Moumou was immediately sent to the First People's Hospital of Zhuzhou City for treatment. After several craniotomy operations, he was discharged from hospital on July 29th, 20 12, and Yin died on June 29th, 20 13.
On June 8, 20 12, Zhuzhou motor vehicle technology testing center conducted vehicle technical inspection on Xiang 02-E0386 large and medium-sized tractor driven by Ma Moumou: the braking performance of the first and second axles of the vehicle did not meet the requirements of GB2 186 1-2008 Technical Conditions for Motor Vehicle Operation Safety. On June 20th, 20 12, it was confirmed by the traffic police brigade of Zhuzhou County Public Security Bureau that Ma Moumou did not slow down and drove to the right when coming from the opposite direction, and his behavior violated the first paragraph of Article 48 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China. "On roads without central isolation facilities or center lines, motor vehicles should slow down and drive to the right when coming from the opposite direction, and keep a necessary safe distance from other vehicles and pedestrians." 201March 19 was identified by the Judicial Appraisal Center of Hunan Provincial People's Hospital: Yin's death was caused by severe malnutrition and lung infection after brain injury caused by traffic accidents, leading to multiple organ failure. Appraised by Zhuzhou Zhongzheng Judicial Appraisal Institute on September 25, 20 13, the appraiser Yin Moumou was seriously injured before his death. 20 13 12.20 was identified by Zhuzhou zhongzheng judicial appraisal institute. The cause of Yin's death was severe malnutrition and complications caused by craniocerebral injury in this traffic accident, which led to multiple organ failure and death. Injury and death are completely related.
After the incident, the defendant Ma Moumou absconded after paying the medical expenses of18,500 yuan, and was pursued by Zhuzhou County Public Security Bureau on April 20 16, and was arrested and brought to justice on July 9, 2065,438.
It was also found that the defendant Ma Moumou and the victim's family reached a settlement agreement on March 20th, 20 14, and the defendant Ma Moumou compensated the victim's family for economic losses of 78,500 yuan (including medical expenses paid18,500 yuan, and the remaining 60,000 yuan was fully paid on March 20th, 20 14).
The above facts are proved by the following evidence and verified by the court:
1.2. Testimonies of witnesses Yang, Chu and Fu Pingliang, which prove the accident.
2. The testimony of witness Yin Mouyi proves the fact that he resold Xiang 02-E0386 tractor to Ma Moumou in August 2009.
3. The testimony of witness Tang Moumou proved the fact that the victim Yin Moumou died in a traffic accident and Ma Moumou paid the treatment fee 18500 yuan.
4. Witness Wan's testimony proves that traffic accidents caused a series of secondary damages to Yin, which led to Yin's multiple organ failure and death. Traffic accident injury is the root cause of Yin's death.
5. Accepting the registration form of road traffic accident cases, transcripts of on-site investigation of road traffic accidents, accident scene maps and photos of road traffic accidents to prove the situation of the accident scene.
6 road traffic accident vehicle technical inspection report, vehicle trace inspection, to prove the accident vehicle.
7.2. The Letter of Confirmation of Road Traffic Accidents and the Examination Conclusion of the Letter of Confirmation of Road Traffic Accidents, which prove the course and cause of the accident and the main responsibility of the defendant Ma Moumou for the accident.
8.2. Medical records, which prove the illness of the victim Yin Moumou.
9. Zhuzhou Zhongzheng Judicial Appraisal Institute (20 13)No. 145 and No.2004 Judicial Appraisal Opinions. 183 proved that Yin's craniocerebral injury was a serious injury before his death, and the cause of Yin's death was completely involved in the severe malnutrition and complications of craniocerebral injury caused by this accident, leading to multiple organ failure and death.
10. The judicial expertise opinion of the Judicial Expertise Center of Hunan Provincial People's Hospital proved that the cause of Yin's death was severe malnutrition complicated with lung infection after craniocerebral injury caused by a traffic accident, resulting in multiple organ failure and death.
1 1. The capture process proved that the defendant Ma Moumou was captured.
12. Application for criminal reconciliation, settlement agreement and receipt, which prove that the defendant Ma Moumou reached a settlement agreement with the victim's family on March 20th, 20 14 and paid the victim's family 60,000 yuan on the spot.
13. Household registration certificate, which proves the basic information of the defendant Ma Moumou.
We believe that the defendant Ma Moumou ignored the road traffic safety regulations and knew that the motor vehicle with serious braking force that did not meet the safety requirements was still driving, causing serious injuries to others, and his behavior constituted a traffic accident crime. The People's Procuratorate of Zhuzhou County, the public prosecution agency, accused the defendant Ma Moumou of committing traffic accidents. The defendant Ma Moumou voluntarily pleaded guilty and truthfully confessed his crimes, which can be given a lighter punishment. The defendant Ma Moumou reached a criminal settlement with the victim's family and obtained the understanding of the victim's family, which may be given a lighter punishment as appropriate. The application of probation to the defendant Ma Moumou has no significant adverse effects on the community where he lives. Accordingly, applying the provisions of Articles 133, 67, paragraph 3, 72, paragraph 1, 73, paragraph 2, 76 and 61 of the Criminal Law of People's Republic of China (PRC) and the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Traffic Accident Criminal Cases, the defendant Ma Moumou was sentenced as follows:
Defendant Ma Moumou committed the crime of traffic accident and was sentenced to one year and six months in prison, suspended for two years.
(The probation period of probation shall be counted from the date when the judgment is determined. )
(Defendant Ma Moumou shall report to the judicial office of his place of residence with criminal judgment within ten days from the effective date of the judgment, accept community correction, and report to the police station of the public security organ of his place of residence. )
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Zhuzhou City, Hunan Province through our court or directly within ten days from the second day of receiving the judgment. If you appeal in writing, you should submit one original and two copies.
Presiding Judge Liu Yaling
People's Juror Zeng Xianwen
People's Juror He Xuezhi
20 14 March 2 1 day
Bookkeeper Tan Mingming
Attachment: legal provisions cited
Criminal law of the people's Republic of China
Article 133 Whoever, in violation of traffic regulations, has a major accident, causing serious injury or death to others or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
Article 67 A person who voluntarily surrenders himself after committing a crime and truthfully confesses his crime is a voluntary surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted.
If a criminal suspect, defendant or criminal serving a sentence who has been subjected to compulsory measures truthfully confesses other crimes that have not been mastered by the judicial organs, it shall be deemed as surrender.
Although the criminal suspect does not have the circumstances of surrender as stipulated in the preceding two paragraphs, he can be given a lighter punishment if he truthfully confesses his crime; By truthfully confessing one's crimes, particularly serious consequences are avoided and the punishment can be mitigated.
Article 72 A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time. Among them, those who are under 18 years old, pregnant women and those who have reached 75 years old stop sending:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.
Probation can be announced according to the circumstances of the crime, and criminals are prohibited from engaging in specific activities, entering specific areas, places and contacting specific personnel during the probation period of probation.
If a suspended criminal is sentenced to an additional punishment, the additional punishment shall still be executed.
Article 73 The probation period for criminal detention with probation shall be at least one year and at least two months from the original sentence.
The probation period of probation for fixed-term imprisonment shall be not less than the original sentence but not less than five years, but not less than one year.
The probation period of probation shall be counted from the date when the judgment is determined.
Article 76. A criminal who has been declared suspended shall, within the probation period, accept community correction according to law. If there are no circumstances stipulated in Article 77 of this Law, the probation period of probation expires, and the original sentence will not be executed, and an announcement will be made.
Article 61 When deciding the penalty, it shall be imposed in accordance with the facts, nature and circumstances of the crime and the degree of harm to society, and in accordance with the relevant provisions of this Law.
The Supreme People's Court's explanation on some issues concerning the specific application of law in the trial of criminal cases of traffic accidents.
Article 2 If a traffic accident occurs under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:
(a) driving a motor vehicle after drinking or taking drugs;
(2) Driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving with knowledge of unlicensed or scrapped motor vehicles;
(five) serious overload driving;
(six) to escape from the scene of the accident in order to escape legal investigation.