The purpose of the referee is to escape after a traffic accident, which means to escape legal investigation. If the actor leaves the scene after a traffic accident while driving a motor vehicle, in order to rescue the injured in time and fulfill the obligation of rescue, it cannot be considered that he subjectively has the purpose of evading legal investigation. On June 6th, 2006, the defendant Ruan Xdong drunk and drove an unlicensed motorcycle from Shi Ying Mine in Zhanglianhu Village, Shishang Town, Ningdu County, Jiangxi Province to Ningdu County. At about 2 1 hour, when passing through Beitou Village, Huitong Township, Changsha Highway, it collided with Zheng Xsheng's bicycle, causing Zheng Xsheng, Ruan Xdong and Li Xsheng to fall to the ground. Defendants Ruan * Dong and Li * Sheng were bleeding from their wounds, so they pushed motorcycles away from the scene and went to the hospital for treatment. After Zheng's companion Yang Guo called the police at a farmer's house, Zheng walked back to his residence accompanied by Yang Guo's family, and was taken to the hospital for treatment and craniotomy the next day. After forensic identification, Zheng * was seriously injured ... In this accident, the county traffic police brigade determined that Ruan * Dong was fully responsible. The public prosecution agency believes that the defendant Ruan * Dong's behavior has constituted a crime of causing traffic accidents and fled the scene after the accident. Defendant Ruan Xdong argued that after the accident, Zheng Xsheng looked normal, but he and Li Xsheng were injured and bleeding. Li x had to go to the hospital at once, when it was raining. In order to prevent the wound from getting wet, he pushed the motorcycle away from the scene. The People's Court of Ningdu County, Jiangxi Province held that the defendant Ruan * Dong was driving an unlicensed motorcycle on the expressway, causing a major traffic accident in which one person was seriously injured, and he was fully responsible for the accident, and his behavior constituted a traffic accident crime. Regarding the defendant Ruan Dongdong pushing a cart to leave the scene of the accident, the court held that after the accident, Ruan Dongdong, Li Jinsheng and Zheng Jinsheng all fell to the ground and were injured. On the surface, Ruan * Dong and Li * Sheng have obvious injuries. Because it was raining, Ruan * Dong and Li * Sheng left the scene in order to go to the hospital for treatment. This is reasonable, and they are believed to have the ability to evade legal investigation. Therefore, in this case, it is not appropriate to assume that the defendant has the plot of escaping after the accident. In view of the defendant Ruan's active compensation for the victim's losses and repentance, he was given a lighter punishment. 65438+2006125 October, Ningdu County Court made the following judgment according to Article 133 of the Criminal Law of People's Republic of China (PRC) and Article 2, Paragraph 2, Items and Items of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents: the defendant Ruan Dongdong was convicted of traffic accidents and sentenced to five months' criminal detention. After the verdict was pronounced, the procuratorate did not protest and the defendant did not appeal. The judgment has taken legal effect.
Legal objectivity:
Drunk driving escape is not recognized: it is useless to deny drunk driving escape. Driving and escaping after drinking is a serious illegal act, which constitutes the crime of causing traffic accidents and dangerous driving. No casualties, according to the provisions of the Criminal Law of People's Republic of China (PRC), shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. According to Article 133 of the Criminal Law of People's Republic of China (PRC), the crime of causing traffic accidents violates traffic laws and regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public and private property, and 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. After a traffic accident, if the perpetrator hides or abandons the victim outside the scene of the accident in order to avoid legal investigation, resulting in the death or serious disability of the victim, he shall be convicted and punished for the crime of intentional homicide or intentional injury. Whoever intentionally kills shall be sentenced to death, life imprisonment or fixed-term imprisonment 10 years or more; Whoever intentionally harms another person's body and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years; Whoever causes serious injury or disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Crime of Dangerous Driving According to Article 133 of the Criminal Law of People's Republic of China (PRC), anyone who drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined: (1) Chasing for racing and the circumstances are bad; (two) drunk driving a motor vehicle; (three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed; (4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety. Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.