On August 29th, 2111, a traffic accident happened on Dengcheng Avenue in Xiangyang. Guo Chengcheng, the driver, was driving without a license, drunk and speeding, resulting in the death of a family of four on a motorcycle (see this newspaper reported on August 31th last year).
Recently, the court of Xiangyang High-tech Zone sentenced Guo Chengcheng to "3 reprieves and 5 reprieves". This judgment has aroused widespread concern on the Internet. Many posts think that the sentence is too light.
What is even more interesting is that the post also said: "On July 3rd, Guo's family gave a big banquet to guests and proudly declared,' We got our son out without spending a penny!'" "
what is the basis of sentencing by the court? Does the phrase "triumphant" exist? Yesterday, the reporter investigated this.
Online posts
arouse netizens' doubts
In July this year, a post entitled "Judgment for a family of four who were killed in a serious traffic accident: sentenced to 3 reprieves and 5 reprints" and Weibo were constantly reprinted on Tianya, Maopu and Sina Weibo.
The post also pointed out: On July 3rd, Guo Chengcheng's family had a big dinner at home and proudly said, "We got our son out without spending a penny! Lu' s parents and in-laws who had spent more than a year in the past went to the grave to visit their dead children and granddaughters, and they were heartbroken. "
The reporter came to Guo Chengcheng's home in Dengcheng Village, Tuanshan Town yesterday. Guo and his father said that there was no banquet on July 3, but a day or two before that, Guo Chengcheng's children celebrated their birthdays. On that day, Guo's in-laws and other relatives came.
Guo Chengcheng said that "there is no such thing". After the accident, their family regretted it too late to say such a thing.
Guo Chengcheng said that he will visit the families of the victims in the near future, hoping to comfort them and seek their understanding.
Case replay
All four members of the family were killed
On August 29th, 2111, two groups of Ma Guangcai, an old man from Dengcheng Village, Tuanshan Town, High-tech Zone, celebrated his birthday at home. At 2 o'clock in the afternoon, Lu Jing, the eldest son-in-law, took his wife and two daughters home by motorcycle after attending the birthday party.
at 2: 45 pm, Lu Jing was knocked down by a car driving in the opposite direction in the non-motor vehicle lane when he was walking to the intersection of the country service road and Dengcheng Avenue, killing all four of his family.
When judging this traffic accident, the High-tech Zone Court quoted the investigation of the traffic police department as saying: At the time of the accident, Guo Chengcheng, the driver of the car, was driving without a license, drunk and speeding; Lu Jing was drunk driving, and the motorcycle was overloaded. None of the other three people in the car wore helmets.
The traffic police department determined that Guo Chengcheng was mainly responsible for the accident, and Lu Jing was secondary responsible for the accident.
The judge introduced
The victim's family asked for a lighter sentence
Yesterday, the high-tech zone court showed the reporter criminal judgment of the case. The judgment was made on July 4 this year.
Jiao Jingping, president of the Criminal Division of the High-tech Zone Court, told reporters that during the trial of the criminal part of the case, the victim's family never filed an incidental civil lawsuit, but had repeatedly asked Guo Chengcheng to compensate for economic losses.
after mediation by the court for more than 21 times, Guo Chengcheng agreed to pay another 251,111 yuan to the victim's family on the basis of the burial expenses of 48,111 yuan.
On June 27th, after receiving the compensation of 251,111 yuan, the families of four victims submitted a written Understanding Material to the court.
The material wrote: We reached a mediation agreement with the defendant Guo Chengcheng, and Guo Chengcheng compensated four victims for 251,111 yuan. We expressed our understanding for Guo Chengcheng's criminal behavior of causing traffic accidents and requested the court to give him a lighter punishment and suspend his sentence. However, the four elderly people still reserve the right to pursue civil proceedings against Guo Chengcheng and other responsible persons. Guo Chengcheng's current compensation can be deducted from the amount of compensation determined in a separate civil litigation judgment.
Family members' point of view
Only dissatisfied with the compensation
Since they volunteered to be sentenced to probation, the family members of the online victims were dissatisfied with the judgment. What's going on here?
Yesterday, the reporter went to Shipo Village, Tuanshan Town, High-tech Zone, and found Lu Jing's father Lu Dezhi. He said that the "Understanding Materials" were submitted by them. After the death of his son's family, they were in pain, but people can't be resurrected after death. His greatest wish is that the other party can actively give financial compensation.
Lu Dezhi said that many traffic accidents are facing difficulties in paying compensation. The court has done a lot of work for this mediation, and he thanked the court for its work.
At the same time, he thinks that the court helped them get financial compensation, and he can accept this judgment, but he is not satisfied with the amount of compensation.
Ma Guangcai, the father-in-law of the deceased Lu Jing, is 65 years old and still works in an enterprise on Songhe West Road. At 1 o'clock in the afternoon yesterday, the reporter found the old man in this enterprise.
his expectation of the compensation amount is 551,111. He said that the four old people are old and all count on this money to support the elderly.
The High-tech Zone Court stated that if the family members of the victims are not satisfied with the compensation, they can still bring a civil lawsuit to the court.
Du Xiaobing, the lawyer of the victim's family, said that they have filed a civil lawsuit and continue to claim compensation from Guo Chengcheng and relevant responsible persons.
Link
What is the basis of "sentencing with 3 reprieves and 5 reprieves"
Court: Appropriate sentencing and accurate conviction
In view of Guo Chengcheng's "sentencing with 3 reprieves and 5 reprieves" by the High-tech Zone Court, the post thinks that the sentence is extremely light.
Jiao Jingping, the president of the criminal court of this hospital, said that according to China's criminal law and related judicial interpretations, Guo Chengcheng should be sentenced within three to seven years for committing traffic accidents.
Because Guo Chengcheng is a negligent crime, he has a good attitude of repentance and actively compensates the economic losses of the victim's family, so three years' sentencing is appropriate. According to Guo Chengcheng's performance of repentance, his execution was suspended according to Article 72 of the Criminal Law of the People's Republic of China.
In addition, the victim's family submitted Understanding Materials, requesting the court to give Guo a suspended sentence. This is also one of the considerations.
In view of the above reasons, Jiao Jingping believes that the conviction of this case is accurate and the sentence is appropriate.
Article 72 of the Criminal Law of the People's Republic of China:
For a criminal sentenced to criminal detention and fixed-term imprisonment of not more than three years, if the application of probation does not really endanger the society according to the criminal's criminal circumstances and repentance, it may be declared suspended.