1 dead and 1 wounded! Guangdong drivers rush to the sidewalk

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 1 dead and 1 wounded! Guangdong drivers rush to the sidewalk


After identification, ethanol was detected from the blood of Ye Lin, the content of which was 215 mg/100ml. According to forensic identification, Yuan Moguis death accorded with the death of severe craniocerebral injury caused by traffic accident. After investigation by the traffic police department, the defendant should bear the main responsibility for the accident. After the incident, the defendant compensated the victims family members for 430,000 yuan and obtained the understanding of the victims family members.

Court hearing

After trial, the Longhu court held that the defendant, Lin Mouye, violated the traffic regulations, drunk driving a motor vehicle and had a major traffic accident, resulting in one death, and was mainly responsible for the accident. His behavior had violated the criminal law and constituted a traffic accident crime. In view of the circumstances of the defendants voluntary surrender, the defendant may voluntarily plead guilty in court and be given a lighter punishment according to law; if he has compensated the victimsfamilies for their economic losses and obtained the understanding of the victims families, he may be given a lighter punishment at his discretion.

Court decision

Finally, according to the fact of the defendants crime, the nature of the crime, the circumstances of the crime, the manifestation of repentance and the degree of harm to society caused by his acts, and in accordance with Article 133, Article 67, Paragraph 1 of the Criminal Law of the Peoples Republic of China, and the Supreme Peoples Court, several specific laws have been applied to the trial of criminal cases involving traffic accidents. Article 2, paragraph 1 (1), of the Interpretation of Questions, and Article 1 of the Interpretation of the Supreme Peoples Court on Several Questions Concerning the Specific Application of Law to Handle Self-surrender and Achievement, sentenced the defendant Lin Moye to one years imprisonment for committing traffic accident.

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Criminal Law of the Peoples Republic of China

Article 67 Whoever voluntarily surrenders after committing a crime and truthfully confesses his crime shall surrender. Criminals who surrender themselves may be given lighter or mitigated punishment. Among them, those who commit less serious crimes may be exempted from punishment.

If a criminal suspect, a defendant or a criminal serving a sentence who has taken coercive measures truthfully confesses other crimes of his own that the judicial organ has not yet mastered, he shall surrender himself.

Although a criminal suspect does not have the circumstances of voluntary surrender stipulated in the preceding two paragraphs, if he confesses his crime truthfully, he may be given a lighter punishment; if he confesses his crime truthfully and avoids the occurrence of particularly serious consequences, the punishment may be mitigated.

Interpretation of the Supreme Peoples Court on Several Questions Concerning the Specific Application of Law in Trial of Criminal Cases of Traffic Accidents

Article 2 If a traffic accident involves one of the following circumstances, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:

(2) If more than three persons die, they shall bear the same responsibility for the accident;

(3) Those who cause direct losses to public property or other peoples property shall bear all or major responsibility for the accident and shall not be able to compensate for the loss of more than 300,000 yuan.

If a traffic accident causes serious injury to more than one person and bears all or main responsibility for the accident, and has one of the following circumstances, the offender shall be convicted and punished for the crime of traffic accident:

(1) Driving motor vehicles after drinking or taking drugs;

(2) driving motor vehicles without driving qualification;

(3) Driving a motor vehicle knowingly with incomplete safety devices or malfunctioning safety components;

(4) Driving without a license or an abandoned motor vehicle;

(5) Serious overload driving;

(6) Escaping from the scene of an accident in order to evade legal investigation.

Interpretation of the Supreme Peoples Court on Several Questions Concerning the Specific Application of Law in Handling Self-surrender and Meritorious Work

Article 1 According to the provisions of Article 67, paragraph 1, of the Criminal Law, surrender is the voluntary surrender of a crime and the truthful confession of ones crime.

(1) Automated surrender refers to the voluntary and direct surrender of criminal facts or suspects to public security organs, peoples Procuratorates or peoples courts when they have not been discovered by judicial organs, or even if they have not been questioned or taken compulsory measures.

If a criminal suspect submits a case to his unit, grass-roots organizations in urban and rural areas or other relevant persons in charge; if the criminal suspect, due to illness, injury or in order to mitigate the consequences of the crime, entrusts his predecessors to submit the case or submits the case by letter and telegram first; if the crime is not detected by the judicial organ, it is only suspected by the relevant organization or judicial machine for its appearance. After interrogation and education, those who voluntarily confess their crimes; those who escape after committing crimes and voluntarily surrender in the process of being wanted or pursued; those who are actually ready to surrender after verification, or who are caught by public security organs on the way of surrender, shall be regarded as voluntary surrender.

Not out of the initiative of the criminal suspect, but through the advice of relatives and friends, accompanied by surrender; public security organs notify the relatives and friends of the criminal suspect, or after relatives and friends take the initiative to report the case, the criminal suspect sent to surrender, should also be regarded as automatic surrender.

If a criminal suspect escapes after voluntarily surrendering the case, he shall not be deemed to surrender himself.

(function () {(window. slotbydup = window. slotbydup | []). push ({id:6374560, container:ssp_6374560, size:300,250, display:inlay-fix, async: true});} (); (2) truthful confession of ones crime refers to the main facts of ones own crime after the suspect has voluntarily surrendered the case. If a criminal suspect who has committed several crimes only truthfully confesses some of the crimes committed, he shall only confess some of the crimes truthfully and be deemed to surrender himself. In a joint crime case, the suspect should confess not only his own crime but also the known accomplice, and the principal criminal should confess the known facts of the joint crime in other cases before he can be identified as voluntary surrender. If a criminal suspect surrenders voluntarily and confesses his crime truthfully, he or she can not be regarded as surrender, but if he or she can confess truthfully before the first trial, he or she should be regarded as surrender. Source: Liable Editor of Shantou Court: Wang Xiaoyi_NE0011

(2) To confess ones crime truthfully refers to the main facts of a crime that a criminal suspect has truthfully confessed after he voluntarily surrendered his case.

If a criminal suspect who has committed several crimes only truthfully confesses part of the crimes he has committed, he shall be deemed to have surrendered himself only for the act of truthfully confessing part of the crimes.

In a joint crime case, the suspect should confess not only his own crime but also the known accomplice, and the principal criminal should confess the known facts of the joint crime in other cases before he can be identified as voluntary surrender.

If a criminal suspect surrenders voluntarily and confesses his crime truthfully, he or she can not be regarded as surrender, but if he or she can confess truthfully before the first trial, he or she should be regarded as surrender.