A traffic accident in which one person died and the other was seriously injured. How to write a criminal judgment?
The criminal case is accompanied by a civil judgment
() New criminal Zhu Zinuo. Movie Station
People's Procuratorate of Xinhua District, Pingdingshan City.
The plaintiff in the incidental civil lawsuit, Zhang XXX, is the wife of the victim, Zhao XXX.
The plaintiff in the incidental civil lawsuit, Zhao Moumou, is the daughter of the victim, Zhao Moumou. The plaintiff in the incidental civil lawsuit, Zhao Moumou, is the son of the victim, Zhao Moumou.
The plaintiff in the incidental civil lawsuit, Zhao Moumou, is the daughter of the victim, Zhao Moumou.
The defendant Chen XXX, male.
The criminal defendant Zhang XXXXX, male, is the actual owner of the vehicle involved in the accident.
Pingdingshan XXXXX Auto Transport Co., Ltd., the criminal incidental civil defendant, is located in Pingdingshan City, Henan Province.
Legal representative Zhang XXXXX, chairman of the company.
The criminal incidental civil defendant China People's Property Insurance Co., Ltd. XXXXX is located in Pingdingshan City, Henan Province.
The person in charge, Wang XXXXX, is the general manager of the company.
II. Specific content
The People’s Procuratorate of Xinhua District, Pingdingshan City, charged defendant Chen Japan filed a public prosecution with this court. The plaintiff filed an incidental civil lawsuit with this court on August 3, 2008. This court formed a collegial panel in accordance with the law and conducted a consolidated trial in public. The Xinhua District People's Procuratorate of Pingdingshan City appointed prosecutors Li XXXXX and Lu XXXXX to appear in court to support the prosecution, and the defendant Chen XXXXX attended the court to participate in the proceedings. The plaintiffs in the incidental civil lawsuit Zhang Moumou, Zhao Moumou, and Zhao Moumou, the defendants in the incidental civil lawsuit Zhang Moumou, Pingdingshan Automobile Transport Co., Ltd., the People's Liberation Army of China and China Insurance Co., Ltd. XXXXX attended the court to participate in the lawsuit. . The trial is now concluded.
The People’s Procuratorate of Xinhua District, Pingdingshan City, accused: At about 6:42 on April 24, at the intersection of Xihuan Road and Huacheng Line, Xinhua District, Pingdingshan City, the defendant Chen drove a Henan D81XXX Shaanxi Truck Heavy Duty Truck When the unloading truck turned right, it collided with the victim Zhao who was riding an electric bicycle on the right. Zhao was crushed by the wheel and died on the spot, and the vehicle was damaged. The Xinhua Brigade of the Traffic Management Detachment of Pingdingshan City Public Security Bureau determined that Chen XXXXX was fully responsible for the accident and that Zhao XXXXX was not responsible. The defendant Chen XXXXX dialed 120 and 110 and waited at the crime scene for processing.
In response to the above facts, the public prosecution produced and read out defendant Chen Accident determination, witness testimony, defendant’s confession and defense, appraisal opinions, traffic accident scene investigation records and other evidence. Accordingly, the public prosecution organ believes that the defendant Chen XXXXX violated traffic and transportation management regulations and caused a major traffic accident while driving a motor vehicle, resulting in the death of one person, and he bears full responsibility for the accident. His behavior violated the provisions of Article 133 of the Criminal Law of the People's Republic of China, and he should be held criminally responsible for the crime of traffic accident. It is recommended that he be sentenced to fixed-term imprisonment of less than one year.
The plaintiffs Zhang, Zhao and Zhao in the incidental civil lawsuit claimed that at about 6:42 on April 24, the defendant Chen drove a Henan D81XXX Shaanxi owned by Pingdingshan Automobile Transport Co., Ltd. When the heavy dump truck drove north to south along the Western Ring Road and turned right at the Huacheng Road intersection, it collided with an electric vehicle driven by Zhao on the right in the same direction, causing Zhao to be run over by the wheels. According to the road traffic accident determination document, the defendant Chen XXXX bears all the responsibility for the accident, while Zhao XXXX has no responsibility.
The accident vehicle Yu D81 The compensation was 487,829 yuan, funeral expenses 194,020 yuan, vehicle loss 2,830 yuan, appraisal fee 200 yuan, and transportation expenses 2,000 yuan, totaling 2,000 yuan. The plaintiff was not responsible. Yuan and transportation expenses of 2,000 Yuan, totaling 512,261 Yuan; the defendants, the People's Liberation Army of China and China Insurance Co., Ltd. XXXXX Company, shall bear the liability for compensation within the limit of insurance liability. The evidence provided to the court includes road traffic accident certificates, vehicle insurance certificates, driver and vehicle information, cremation certificates, household registration certificates, salary details, car purchase receipts, price evaluation conclusion letters, appraisal fee receipts, Zhao XXXXX and incidental Evidence such as the plaintiff’s household registration book, ID card copy, transportation invoice, etc. in civil litigation.
The defendant Chen XXXXX has no objection to the fact that the public prosecution agency accused him of committing the crime of traffic accident, is willing to compensate the victim’s family for the losses, and requests a lighter punishment.
Pingdingshan City XXXXX Auto Transport Co., Ltd., the criminal defendant and civil defendant Zhang XXX, argued that the vehicle involved in the accident was insured and the relevant compensation costs were borne by the insurance company.
The Chinese People's **** and Guoyuan Insurance Co., Ltd. Compensation shall only be provided for the victim’s direct losses. When the victim Zhao XXXXX had a traffic accident, the expected damage to the electric bicycle he was riding was not shown to the client, and the identification samples were not cross-examined; the voucher for purchasing the electric bicycle was only a receipt without any seal; transportation expenses The court is required to handle it on its own; Zhao XXXXX's proof of residence and proof of income from living in an urban area for more than one year must be provided. Otherwise, compensation shall be based on rural residents' standards.
After trial, it was found that at about 6:40 on April 24, 2009, at the intersection of Xihuan Road and Huacheng Line in Xinhua District, the defendant Chen XXXX drove a Henan D81XXX Shaanxi Automobile Heavy Duty Truck When the unloading truck turned right, it collided with the victim Zhao XXXX who was riding an electric bicycle on the right side. As a result, Zhao XXXX was run over by the wheel and died on the spot, and the vehicle was damaged. After Chen XXXXX dialed 120 emergency number and 110 police number, he waited at the crime scene for processing. After identification, the victim Zhao XXXXX was consistent with the impact of blunt objects (collision, squeezing, etc.) on his head, face, chest, abdomen, and limbs. ) and died from traumatic hemorrhagic shock. The Xinhua Brigade of the Traffic Management Detachment of Pingdingshan City Public Security Bureau issued a Road Traffic Accident Certificate No.
It was also found that the defendant Chen Moumou was a driver hired by the criminal incidental civil defendant Zhang Moumou. This driver was the actual owner of the Henan D81XXX vehicle of Pingdingshan Automobile Transport Co., Ltd. The car has paid compulsory traffic insurance in China People's Property Insurance Co., Ltd. XXXXXX. 122. After investigation, the victim Zhao (born on September 7, 1953) and his spouse Zhang have one son and two daughters, the eldest daughter Zhao, the eldest son Zhao, and the second daughter Zhao. certain. The household registration certificate issued by the Residents Committee of XXXXX Community, Jiulishan Street, Zhanhe District, Pingdingshan City, confirms that Zhao XXXXX lived at the west gate of Building X, Unit X, Building X, Unit X, XXXXX Community from 2010 to that year. The income certificate issued by the employer of the victim Zhao XXXXXX confirmed that Zhao XXXXXX worked at Pingdingshan XXXXXX Machinery Manufacturing Co., Ltd. from October 2010 to March 2010. On August 18, the two parties reached a compensation agreement. The family members of the defendants Chen and Zhang in the criminal incidental civil lawsuit voluntarily compensated the plaintiffs Zhang, Zhao, Zhao, Zhao, and Zhao in a lump sum of 68,000 yuan, and promised to give up their compensation to the plaintiffs. The right of the insurance company to make a claim. The plaintiff in the incidental civil lawsuit expressed his understanding for the behavior of the defendant Chen Moumou and requested the court to give Chen Moumou a lighter or reduced punishment.
Criminal judgment is the trial of a criminal case and is a very important legal document. As for some specific judgment contents, they need to be reviewed based on different cases. The most important thing is to list all the evidence and never make a judgment without any basis. This is very important.
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