Last May, Hu Lunxia, from Zhongshan, Guangdong Province, collided with a motorcycle when she failed to cross the road according to the traffic lights. The accident resulted in the death of motorcycle passengers.
Recently, the first people of Zhongshan City made a first instance criminal judgment on the case. The court held that Hu Lunxia was mainly responsible for the accident. Her behavior constituted the crime of causing traffic accidents. She was sentenced to 10 monthsimprisonment and one years probation.
Hu Lunxia, the party concerned, believed that motorcycle drivers riding in roller skates, speeding at night, driving fake licensed motorcycles and other factors were also the main causes of the accident, and the driver should bear the same responsibility.
Hu Lunxia was not satisfied with the result of the first instance criminal judgment and was preparing to appeal.
Accident: Motorcycle pedestrian collision kills people
Hu Lunxia, 50, works in a local accounting firm. On May 27, 2017, she did not leave work until about 8 p.m. The pedestrian crossing of Zhongshan No. 6 Road in Zhongshan Torch Development Zone is the only way for Hu Lunxia to go home. The traffic flow in this section is dense and the pedestrian crossing is narrower than other sections.
According to Hu Lunxias recollection, on the day of the incident, she did run into a red light when she came to the intersection, but she did not use a mobile phone, but the light on the screen of the mobile phone had not been extinguished. When she reached the third lane of the crosswalk, a motorcycle came to her left. Because the lights were too harsh, she unconsciously trotted forward to avoid it. As a result, an accident happened.
The instant of the incident.
The instant of the incident.
Video content at the scene of the accident showed that at about 8 p.m., a pedestrian crossed the road through a red light, a motorcycle ran forward, knocked down the pedestrian, and the motorcycle driver and passengers fell to the ground at the same time. Video shows that the screen lights of Hu Lunxias mobile phone are not extinguished.
Zhang Mou, a motorcycle passenger, was injured in the accident and died three days after being sent to hospital for rescue. According to forensic identification, Zhang Mou died of severe craniocerebral injury caused by blunt violence on the head and face. Hu Lunxia also suffered many injuries and was sent to hospital for treatment.
The parties refuse to accept the criminal judgment and prepare for appeal
Afterwards, the parents of the deceased Zhang Mou filed a civil lawsuit with the First Peoples Court of Zhongshan City, asking Hu Lunxia and the motorcycle driver Mu Mou to make civil compensation for Zhang Mous death.
The First Peoples Court of Zhongshan City, referring to the traffic police departments determination of the accident, decided that Hu Lunxia and Miaomou should bear 55% and 35% of the civil liability for compensation, respectively, and compensate the parents of the deceased for more than 519,000 yuan of traffic accident losses and more than 209,000 yuan of compensation.
Hu Lunxia was not satisfied with the result of the civil judgment. She believed that Mu Mu should bear the same responsibility as herself and appealed to Zhongshan Intermediate Peoples Court. On March 29, 2018, Zhongshan Intermediate Court upheld the original judgment in the first instance civil action.
On November 19, 2018, the First Peoples Court of Zhongshan City made a first-instance criminal judgment on the case: Hu Lunxia, the defendant, violated the traffic and transportation regulations and was mainly responsible for the accident, and her behavior constituted the crime of causing traffic accidents. Because the defendant has surrendered himself and has compensated the family members of the victims and obtained an understanding, he may be given a lighter punishment according to law, and Hu Lunxia shall be sentenced to 10 monthsimprisonment and one years probation.
At the same time, the court held that pedestrians running red lights was the direct cause of the accident, and that the drivers administrative violations in driving were not the direct cause of the accident.
Hu Lunxia admitted that she had made a mistake in the accident, but she was not guilty. She believed that in order to make up for the mistake, she had already paid 200,000 yuan to the parents of the deceased, and promised to pay the balance in installments according to the agreement, which was also understood by the other side.
At present, Hu Lunxia is preparing an appeal, hoping that the court will revoke the criminal judgment and not pursue criminal responsibility.
Key point: Who is the main responsible person in the accident?
The accidental certificate issued by the Torch Development Zone brigade of the traffic police detachment of Zhongshan Public Security Bureau shows that Hu Lunxias failure to instruct the pedestrian crosswalk according to traffic lights is the main fault leading to the accident; Mus driving motor vehicle fails to drive safely according to the operation norms, motorcycle fails to wear safety helmet according to the regulations, and other obstacles to driving. Safe driving behavior (driving a motor vehicle with pulley shoes) is the secondary fault leading to the accident; Zhang Mou has no fault leading to the accident.
Traffic police believed that Hu Lunxias failure to follow the traffic lights to guide the crosswalk was the main fault leading to the accident.
Hu Lunxia believes that the key point of the judgment in this case lies in the identification of the main responsible person, which is the basis of both civil liability and criminal liability judgments. She pointed out that the driver Miaomou carried Zhang and both of them did not wear a helmet, and the driver of the motorcycle with a false license and other factors were also important causes of the accident, so Miaomou should bear the same responsibility as himself.
At the same time, Hu Lunxia hoped that the traffic police department would provide data on the speed of the motorcycle accident. She believed that the speed of the motorcycle was related to the identification of the accident liability, but the Traffic Police Department refused this claim on the grounds of non-conformity with the procedure.
Sun Shouchang, Hu Lunxias defense attorney, believes that there are eight fault behaviors in the accident, and each of them plays a decisive role in causing the accident and leading to Zhangs death. Hu Lunxia had and only had the fault of not pressing the traffic light button in the accident.
Chen, a police officer surnamed Chen in the Torch Development Zone brigade of the traffic police detachment of Zhongshan Public Security Bureau, who handled the traffic accident, declined to be interviewed by reporters.
As for the objection of the defendant Hu Lunxia and the defense lawyer, the court ruled that the opinion only focused on the administrative illegal acts, ignoring the causal relationship between the criminal harmful acts and the results, so it was not accepted.
Wen Wenkai, President of the Second Court of Criminal Trial of the First Peoples Court of Zhongshan City, told Red Star News that this was a typical criminal case of pedestrians violating traffic regulations and causing traffic accidents. The defendant did not cross the road according to traffic lights and had been using mobile phones as the main cause of the accident.
Wen Wenkai said that motorcycle drivers without helmet had an impact on the results of the accident, but not the main reason, drivers driving at night could not predict that there would be pedestrians passing by.
Source: Red Star News Responsible Editor: Wang Zheng_NN7526