Appellant (defendant in the incidental civil action in the original trial): Mianyang Central Branch of Pacific Property Insurance Co., Ltd., head Li. land
Plaintiff Hou Jinbo, female,1born on May 3, 989, is a farmer. It is the wife of the victim Shen.
Plaintiff Shen Zekun, male, was born on June 5438+October 9, 2009/KLOC-0. He is the son of the victim Shen.
Plaintiff Shen Wen, male, born on1October 22nd, 1966 19, is a farmer. It is the father of the victim Shen.
Plaintiff Xing Yuxiang, female, born on1October 9th, 1967 165438, farmer. It is the mother of the victim Shen.
Agent ad litem: Mr. Xu Wei, lawyer of Henan Anyi Law Firm.
Plaintiff Shen, female, was born in 1987, a farmer. It is the wife of the victim Shen.
Plaintiff Shen Ximin, female, was born on October 26th, 2009. It is the daughter of the victim Shen.
Shen Dongbao, plaintiff of the incidental civil action in the original trial, was born on February 27th, 1956 at/kloc-0. It is the father of the victim Shen.
Plaintiff Zhang Xiangyun, female,1born on July 2, 957, is a farmer. It is the mother of the victim Shen.
Wang Changqing, agent ad litem, lawyer of Henan Anyi Law Firm.
The defendant in the original trial was Ren, male,1born on August 3, 985, Han nationality, junior high school education. He was placed in administrative detention on September 22, 2009 because of a motor vehicle in driving without a license. On suspicion of committing traffic accidents, he was detained in criminal detention on September 25th, 2009, and was arrested in the same year1October 2nd 10. Now detained in Anyang detention center.
Defendant Xu in the original trial, male,1born on March 26th, 984, Han nationality, junior high school education. On September 24, 2009, he was criminally detained on suspicion of committing traffic accidents, and was arrested on June 2, 2009 on suspicion of sheltering. 2010 may 13 was released on bail pending trial by the people's court of longan district, Anyang city.
Cui Yimin, male, born on August 27th, 1985, Han nationality, primary school education. He was criminally detained on September 25, 2009 on suspicion of harboring crimes and was arrested on June 2, 2009. 2010 may 13 was released on bail pending trial by the people's court of longan district, Anyang city.
Defendant Liang Dong, male,1born on September 5, 974, Han nationality, is the owner of the vehicle involved.
The People's Court of Longan District of Anyang City tried the case that the People's Procuratorate of Longan District of Anyang City accused the defendant of committing a traffic accident, the defendants Xu and Cui Yimin of helping to destroy or falsify evidence, and the plaintiff filed an incidental civil action. On may 20 10/2, (20 10) criminal incidental civil judgment was made. The defendant did not file an appeal, and the procuratorate did not protest within the statutory time limit. After the expiration of the appeal and protest, the criminal part of the case has taken legal effect. Mianyang Central Branch of China Pacific Property Insurance Co., Ltd., the defendant in the incidental civil action of the original trial, refused to accept the appeal. Our college has formed a collegial panel according to law. After reading the papers, asking the litigants and listening to the opinions of other litigants, we decided not to hold a trial. The trial is now over.
The original judgment found that at 3: 00 a.m. on September 3, 2009, the defendant drunk and drove the Sichuan B78859 car carrying the defendants Xu and Cui Yimin to the vicinity of Liu Cun, Pan Li, Longquan Town, Anhe Highway, and collided with the unlicensed Yamaha motorcycle driven by Shen, resulting in serious traffic accidents in which the motorcycle driver Shen and the passenger Shen died and the two cars were damaged to varying degrees. After the accident, Ren did not stop, but drove to the door of Cui Yimin's house in Xishangzhuang Village, Longquan. With the help of Cui Yimin, Ren Hexiu replaced the right front tire of the accident car. Later, under the guidance of Xu, Ren drove the car to a repair shop in Anyang Development Zone. On September 4, 2009, Xu paid the repair fee and drove the car away from the repair shop. The road traffic accident certificate of the traffic police detachment of Anyang Public Security Bureau found that the defendant ran away from the accident and was fully responsible for the accident, while the victims Shen and Shen were not responsible. On September 25, 2009, the defendant Cui Yimin surrendered himself to the accident handling brigade of the traffic police detachment of Anyang Public Security Bureau.
It was also found that the owner of Jetta B78859 was Liang Dong, Fang Shu Village, Yixiang Township, jiangyou city City, Sichuan Province, and the vehicle was a non-operating vehicle. On August 10, 2009, the car was rented to Xu at the daily price of 150 yuan for 35 days, and * * * charged more than 5,200 yuan. Liang Dong purchased compulsory motor vehicle insurance for vehicle B78859 in Mianyang Central Branch of China Pacific Property Insurance Co., Ltd., and the insurance period was from June 2009165438+1October 65438+May to June 2009165438+1October.
In terms of civil compensation, the defendant Xu reached a mediation agreement with the plaintiff in the incidental civil action under the mediation of the Longan District People's Court, and compensated the plaintiff for various economic losses totaling RMB 80,000.
The evidences confirming the above facts are: the confessions of the defendants Ren, Xu and Cui Yimin that have no objection to the alleged criminal facts; Witnesses Li XX and Li XX confirmed the testimony of the traffic accident; Testimony of Liang Dong, the owner of the accident, about car rental and car rental charges; As well as autopsy report, accident liability confirmation, vehicle insurance policy, civil mediation and other evidence in the volume.
Based on the above facts and evidence, the People's Court of Longan District of Anyang City made a judgment: 1. The defendant was convicted of traffic accident and sentenced to seven years in prison. 2. The defendant committed the crime of helping to destroy evidence, and was sentenced to one year and six months in prison, suspended for two years. Defendant Cui Yimin committed the crime of helping to destroy evidence and was sentenced to one year's imprisonment and suspended for one year. 4. The defendant compensated the plaintiffs Hou Jinbo, Shen Zekun, Shen and Xing Yuxiang for various losses in the incidental civil action, totaling RMB 1 15057.6 yuan; Compensation for losses of RMB 1 16467.6 yuan to plaintiffs Shen, Shen Ximin, Shen Dongbao and Zhang Xiangyu in incidental civil actions. Five, the defendant in the incidental civil action shall bear the same liability as the defendant within the limit of 5200 yuan. Mianyang Central Branch of China Pacific Property Insurance Co., Ltd., the defendant in the civil action incidental to intransitive verbs, shall bear the same liability as the defendant within the insurance liability limits of death compensation for compulsory traffic insurance1100000 yuan and third party liability insurance100000 yuan.
The appellant, Mianyang Central Branch of China Pacific Property Insurance Co., Ltd., appealed that the defendant, driving without a license, was drunk and hit and run, and the insurance company was not liable for any compensation within the compensation scope of compulsory insurance and commercial insurance.
We believe that the case of defendants Xu and Cui Yimin who committed the crime of causing traffic accidents and the crime of helping to destroy evidence tried by the People's Court of Longan District, Anyang City is incidental to the civil part, and the facts are unclear. In accordance with the provisions of the first paragraph of Article 250 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC) and the first paragraph (3) of Article 153 of the Civil Procedure Law of People's Republic of China (PRC), the ruling is as follows:
1. Revoke the fourth, fifth and sixth judgments of the People's Court of Longan District, Anyang City (20 10) No.67 Criminal Incidental Civil Judgment of Anlong Law. Namely: 4. The defendant compensated the plaintiffs Hou Jinbo, Shen Zekun, Shen and Xing Yuxiang for various losses of RMB 1 15057.6; Compensation for losses of RMB 1 16467.6 yuan to plaintiffs Shen, Shen Ximin, Shen Dongbao and Zhang Xiangyu in incidental civil actions. Five, the defendant in the incidental civil action shall bear the same liability as the defendant within the limit of 5200 yuan. Mianyang Central Branch of China Pacific Property Insurance Co., Ltd., the defendant in the civil action incidental to intransitive verbs, shall bear the same liability as the defendant within the insurance liability limits of death compensation for compulsory traffic insurance1100000 yuan and third party liability insurance100000 yuan.
2. Send the incidental civil part of this case back to the People's Court of Longan District, Anyang City for retrial.
This is the final verdict.
Chief Referee Liao Qizhi
Acting Judge Guo Piliang
Acting judge and Schopp
20 10 July 15
Acting Secretary Ma Ji
Anfa net no.3392