Speeding, running through the lights, drunk driving Is the platform not responsible for the delivery of food by life?

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 Speeding, running through the lights, drunk driving Is the platform not responsible for the delivery of food by life?


Recently, Haidian procuratorate filed a public prosecution for selling small brother Wen with dangerous driving crime.

Wen is a takeaway from a delivery platform. At 4 pm one day, Wen, who lives in langezhuang, Changping District, fell asleep after drinking two or two pot heads at home. At 7:00 p.m., Wen was woken up by his mobile phone. It turned out to be the order receiving reminder of a delivery platform. Wen wanted to go out to deliver takeaway and earn some pocket money, but he was worried that drinking was seized by the police.

Forget it, it should be OK. Im sure Ive sobered up after sleeping for a while, and there may not be police investigating drunk driving. Finally, by luck, Wen chose to take risks and drink on the road.

At 10:00 p.m., Wen received the order and drove to an intersection in Haidian District when he was seized by the police. The police carried out breath type alcohol test on him, and the result was 112mg / 100ml. Police will be summoned to the traffic brigade on the spot and take blood for testing. After identification, the alcohol content in the blood of Wenmou was 94.4mg/100ml, which constituted the crime of dangerous driving, and the motor vehicle drivers license, the number plate and driving license of his motorcycle were all forged.

According to Wens confession, he bought a second-hand car from a roadside motorcycle shop for 600 yuan. The license plate and driving license on the car were originally given to him by the seller, and the drivers license was also provided by the seller. He didnt know much about it, didnt know whether it was true or not, and didnt care about these things. He didnt know that the certificate and license plate were fake until the crime happened.

According to the relevant judicial interpretation, driving a motor vehicle without driving qualification and using forged or altered motor vehicle license plates and other serious violations of the road traffic safety law belong to the circumstances of heavier punishment, the prosecutor said.

Case 2

Hit others on the road without a license and be punished severely

In a certain case of Wen, fortunately, no one was hit. Xiao Liu, the delivery man, was not so lucky.

Xiao Liu is a delivery man of a company, but has never been qualified to drive a motor vehicle. One night, Xiao Liu collided with Mr. Dings tricycle driving an ordinary motorcycle, causing Mr. Ding to be injured. After being identified as seriously injured, Xiao Liu was fully responsible for the accident. Two months after the incident, Xiao Liu voluntarily surrendered after being informed by the police by telephone. Mr. Dante said that he gave up the right to file an incidental civil action and asked the judicial organ to punish Xiao Liu severely. These people are so immoral that they must be severely punished to let them have a long memory!

After the traffic accident, the court held that the traffic accident was not serious and should be punished by the court. In view of the fact that Xiao Liu surrendered himself, he was given a lighter punishment. At the same time, the court also considered Mr. Dings request for heavier punishment when sentencing. Based on the above factors, the court finally sentenced Xiao Liu to one years imprisonment for the crime of causing traffic accidents.

Case 3

Take responsibility for physical disability caused by speeding

For the takeaway brother, the delivery time is quite demanding. If you are late, you will have to deduct part of the freight. If you are complained by users, you may even pay back. As a result, there are so many takeout buddies wearing express work clothes and riding electric vehicles to rush for time on the road. Speeding, retrograde and running red lights have become their most common illegal behaviors.

Xiaozhang, the courier, suffered from this.

According to the judge, Xiao Zhang was a delivery man of an Internet company. One day, he was riding an electric bicycle provided by the company to deliver the food. He collided with the motor vehicle driven by Ms. song on the road. Xiao Zhang fell down with his car and was still injured after treatment. However, the accident ultimately identified that Xiao Zhang was mainly responsible for speeding.

The whole family was in financial difficulties, and after the accident, the company did not recognize the existence of labor relations between Xiao Zhang and the company, which made Xiao Zhang want to cry without tears. However, he chose to sue Ms. song and the insurance company for compensation.

Finally, the two sides reached an agreement on the amount of compensation under the mediation of the court. But Xiao Zhang said that the family still has a mother and a young couple of children to support, because he was identified as the main responsibility in the accident, but also left disabled, the amount of compensation is far from making up for the loss.

For your own safety, take out buddies, please slow down and strictly abide by all kinds of traffic rules. Dont regret after an accident, leaving irreparable pain. The judge appealed.

Prosecutors and judges

Take out platform should be responsible for supervision

Takeaway brother has become an important part of the road, we should consciously abide by the traffic rules to ensure traffic safety. The prosecutor of Haidian procuratorate reminds you not to let a sentence become a unforgettable traffic safety law course because of a fluke.

In addition, the prosecutor believes that the takeout platform should effectively shoulder the regulatory responsibilities. First of all, the order receiving platform should regularly remind the salesmen of the matters needing attention, such as abiding by traffic rules, not driving with alcohol, not going retrograde, etc., carry out training on road traffic safety knowledge, regularly release road traffic safety warning films and warning cases on the platform, so as to improve the takeout workers traffic safety awareness and legal awareness; secondly, strictly enforce the industry admittance system of takeout workers; at the same time, Strictly control the means of transport used by the salesmen, and try to distribute them uniformly as far as possible. If there is a situation of the transport vehicles carried by the takeout workers, verify whether the certificates and number plates of the vehicles are true and complete, and regularly inspect the safety of the vehicles.

Take out platform should be liable for compensation

The delivery brother frequently causes various traffic disputes. The judge of Haidian court also explains how to divide the responsibilities according to different situations.

If the delivery brother is employed by a distribution company, and the distribution company has insured the rider with commercial insurance, then the insurance company and the distribution company shall be liable for the accident. According to the judge, from the actual cases handled, it is a more feasible option to insure the commercial third-party liability insurance of electric bicycles. In practice, electric bicycles are mostly used for elderly travel, express delivery, delivery and other services in the same city. These groups have weak compensation ability and can not afford high accident losses. Therefore, it is suggested that employers and E-bike drivers should analyze individual riding risks and choose relevant insurance products independently according to their travel needs.

In another case, the takeaway brother is employed by the online ordering platform, and after an accident, the ordering platform shall bear the compensation liability; there is also a more common situation, that is, from the labor dispatch to the delivery company, then, in case of an accident, the unit accepting the labor dispatch shall bear the compensation liability, and if the labor dispatch unit is at fault, it shall bear the corresponding supplementary liability.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }The judge reminded the takeaway boy to pay attention to keeping evidence of employment. Due to the diversity of working modes of riders, it is often impossible to confirm the existence of employment in litigation. If the existence of labor relations and labor relations cannot be determined, the rider will bear the responsibility. In addition, the judge also suggested that the takeout platform, distribution companies and riders themselves should establish a sense of traffic safety. For example, the catering delivery enterprises should implement the contract signing of full staff training and complete the contract signing commitment before receiving orders; ensure that all delivery vehicles are registered according to the regulations; establish a rider identification system to ensure that one person, one vehicle, one certificate and one code; and establish a scoring system for riding traffic civilization According to the severity and harm degree of the riders traffic violations, the corresponding score values are set. Only from the development of the industry itself can we reduce the occurrence of such accidents. Source: Beijing daily client editor: Yu changzong_ NBJ11145

The judge reminded the delivery boy to pay attention to the retention of employment evidence. Due to the diversity of working modes of riders, it is often impossible to confirm the existence of employment in litigation. If the existence of labor relations and labor relations cannot be determined, the rider will bear the responsibility.

In addition, the judge also suggested that the takeout platform, distribution companies and riders themselves should establish a sense of traffic safety. For example, the catering delivery enterprises should implement the contract signing of full staff training and complete the contract signing commitment before receiving orders; ensure that all delivery vehicles are registered according to the regulations; establish a rider identification system to ensure that one person, one vehicle, one certificate and one code; and establish a scoring system for riding traffic civilization According to the severity and harm degree of the riders traffic violations, the corresponding score values are set. Only from the development of the industry itself can we reduce the occurrence of such accidents.