Whoever causes heavy casualties or other serious consequences shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are especially bad, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
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Case: An employee of an enterprise in Ningbo was sentenced to one year's imprisonment for violating instructions and crushing the boss.
An employee of an enterprise in Beilun District, Ningbo City, Zhejiang Province received a phone call from the boss to inspect the excavator, knowing that he violated the rules, but still followed the boss's instructions. Unexpectedly, the boss died during the operation, and the boss's family demanded compensation for the loss. In the end, the court sentenced the employee to one year in prison.
Ma is the excavator driver of Ningbo No.1 Engineering Co., Ltd. One night at the end of 20 13, he called Ma and asked him to deliver the excavator to the designated place.
Ma is a little embarrassed, because the boss didn't find someone else to inspect the car according to the formal channels, but asked him to transport it directly with a modified flatbed. It is dangerous to drive the excavator to the transport vehicle by flatbed first. Considering that it is a little dark, Ma thinks that the boss is very kind to himself at ordinary times, so he quickly arrives at the designated place.
When the horse arrived, it had already arrived. Stop the flatbed car and turn your back on the excavator. According to Ma's memory, when I saw the excavator and the flatbed, I felt that the rear wheel of the flatbed was short of air, narrow in width, and there was no light in the dark, so it was difficult to check.
But the boss didn't take it seriously. He also comforted the horse that it would be fine to be careful, and urged the horse to get on the excavator quickly. In order to make the horse see more clearly, stand at the right rear of the excavator and shine with a flashlight.
When the horse drove half an excavator on the scooter to move the punctuality, the whole excavator fell to the right rear. The horse came out of the cab and found his head and half body pressed under the excavator.
Ma quickly dialed the emergency number 120, and together with the people who heard the news, he was sent to the hospital for treatment, but the rescue was invalid and he died on the same day. After receiving the alarm from others, the police rushed to the scene to understand the situation and went to the hospital to summon Ma to the public security organ for interrogation.
Later, the Beilun Procuratorate filed a public prosecution with Beilun Court for the crime that the defendant Ma was suspected of negligent death, and the victim's family filed an incidental civil action. The victim's family believes that Ma forced his work even though he knew the danger, resulting in his death, and should compensate his family for nearly 400,000 yuan in compensation such as funeral expenses and mental damages.
The Beilun court held that the defendant Ma, as a staff member of the unit, commanded and took risks in the production and operation process, resulting in a major casualty accident, and his behavior constituted a crime of major liability accident, and he was sentenced to one year in prison.
At the same time, according to the relevant laws and regulations, the court held that the employer should bear the tort liability if the staff of the employer caused damage to others because of the execution of their work tasks, so the plaintiff's claim in the incidental civil action was rejected. After the expiration of the appeal, neither party filed an appeal.
People's Daily Online-An employee of an enterprise in Ningbo was sentenced to one year's imprisonment for violating instructions and crushing the boss.