Today (Nov. 2), the cause of Chongqing bus crash is announced: because of intense disputes and fights between passengers and drivers, the vehicle runs out of control and crashes into the river. The accident related investigation results mentioned that the assault between passenger Liu Mou and driver Ran Mou has a causal relationship with the harmful consequences in the sense of criminal law. Their acts seriously endanger public safety. They have violated the provisions of Article 115 of the Criminal Law and are suspected of committing a crime. The 115th point of the criminal law is the crime of endangering public safety by dangerous means.
Reporters searched China Judicial Documents Network today and found that in recent years, nearly 10 passengers in Guangzhou have issued judgments in criminal cases of disputes or even fighting with bus drivers because of passing stops or other trivial matters.
In these cases, passengers who win are convicted by the court of endangering public safety by dangerous means; drivers who win are convicted by the court of intentional injury if the circumstances cause serious consequences. In short, no good fruit to eat!
The passengers were sentenced to six months imprisonment for missing the station to seize the steering wheel.
At about 23:05 on November 30, 2015, when the defendant Chen Mou left Luntou interchange bus station on Guangzhou No. 48 bus, he rushed to the bus cab to argue with the driver Zeng Mouling because he missed sleeping and asked to get off the bus. He grabbed the steering wheel and stepped on the brake forcibly, which resulted in the braking. The upper part of the passengers fell down. After being pulled aside by passengers, the defendant Chen Mou went to the back door of the bus again, picked up the safety hammer, smashed the window glass and forced to jump out of the car. Later, the defendant, Chen, stayed at the scene because of head injury and waited for the police to deal with it. It has been identified that the broken window glass is worth 972 yuan.
After the incident, Chen compensated the bus companys economic losses through his family members and apologized for them. He obtained a good understanding from the bus company and the driver Zeng Mou-liang.
The first instance of Haizhu District Court of Guangzhou held that Chen Mou, the defendant, endangered public safety by dangerous means, had not yet caused serious consequences, and his act constituted a crime of endangering public safety by dangerous means. Chen Mou, who knows well that others have called the police, stays near the scene and waits for the police to deal with it. If he can truthfully confess his crime after the case arrives, he can be regarded as surrender and be given a mitigated punishment according to law. In addition, in view of Chen Mous family members have compensated the bus company for economic losses and apologized for compensation, the bus company and the drivers understanding can be obtained, and the punishment may be mitigated as appropriate.
For Chen Mous defenders opinion that the driver was at fault in the case, the court found that, according to the evidence of video surveillance video, the bus had started and left the bus station when Chen Mou asked to get off, and there were vehicles passing by constantly. In this case, the driver was not allowed to Chen based on safety considerations. Getting out of a station conforms to the general operation requirements of safe driving, and there is no fault. Therefore, the defenders defense opinion is insufficient, and the court will not accept it.
The Court pointed out that in order to make a temporary success and ignore the safety of the passengers and other vehicles and pedestrians on the road, Chen competed with the driver for the steering wheel and forcibly stepped on the brake and smashed the window glass of the car, which affected the normal running of the vehicle. Although it did not cause serious consequences, his behavior did not cause serious consequences. In order to give full play to the disciplinary and educational functions of penalty and not to apply probation to it, the defendant Chen Mou was sentenced to one year and six monthsimprisonment for the crime of endangering public safety by dangerous means.
At 15:00 on December 16, 2013, the defendant, Li Mou, traveled by a bus from Huadu Company in Guangzhou to the junction of Peizheng Street, Shiling Town, Huadu District, Guangzhou City, and the Eight Teams of Xitou Village. Due to the problem of getting off the bus, he had an argument with Jiangmou, the bus driver, and pulled the steering wheel of the running bus manually, which caused the bus to deviate from its original position. The road collided with the Ruizhi car driven by the opposite victim Zhong Mou, which resulted in the damage of two cars (the value of the loss was 19114 yuan) and the head injury of Zhong Mou (the degree of injury was slight by forensic identification).
On January 8, 2014, the defendant Li Mou reached a settlement agreement with the victim Zhong Mou and the passenger transport company involved, and obtained the victims understanding. In the same month, Li took the initiative to go to the police station to surrender himself. The first trial of Huadu District Court in Guangzhou sentenced the defendant, Li Mou, to commit the crime of endangering public safety by dangerous means. He was sentenced to 10 monthsimprisonment and one years probation.
If the bus is out of control, the bus is out of control. After the emergency brake, the car stops after the collision with the bridge guardrail.
At about 17 oclock on June 29, 2017, the defendant Lei Mou took a Pan 12 bus on Shiqiao Street Industrial Road, Panyu District, Guangzhou City. He had a quarrel with the bus driver He Mou because he did not get on the bus from the back door according to the regulations. When the car drove to the deck of Panyu District Shiqiao Bridge, Lei Mou suddenly put the plastic trash bin on the bus to the driver He Mou. And beat its head, resulting in a sudden loss of control in the running bus, He emergency brake, vehicle and city bridge guardrail collision after stopping. Subsequently, he Moumou alarm, Lei Mou in the scene waiting for public security officers to come to the scene.
After the incident, Leis family has compensated him for his economic loss of RMB 5000 yuan and obtained Hos understanding.
In December 2017, the Panyu District Court of Guangzhou sentenced the defendant Lei Mou to two yearsimprisonment for the crime of endangering public safety by dangerous means.
The bus driver scolded the driver and was sentenced to three years imprisonment.
At noon on November 25, 2015, the defendant, Yang Mou-mou, was at BRT Station of Dongzhujiang Village, Zhongshan Avenue, Huangpu District, Guangzhou. He was in dispute with Liu Mou, the driver of B5 bus because of the triviality of boarding. After boarding the bus, Yang Mou ignored the current situation of Liu Mous driving vehicle and the personal safety of all passengers. He continued to abuse and beat Liu Mou. As a result, the vehicle could not run normally. The victim, Liu Mou, was forced to park the vehicle in the road and alerted the defendant, Yang Mou, to arrest it.
Driver Liu Mou said in his testimony that at about 12 noon that day, after his B5 bus stopped at Zhujiang Village Bus Station in Guangzhou, a middle-aged man ran from the front of the bus to the B5 bus he was driving. After the stop, the man came to the front door and stopped suddenly and stepped on the bus with one foot. On the ladder, the other foot stood on the platform and remained stationary for about 20 seconds. Seeing that the passenger neither got on nor got off, he deliberately pressed the front door switch quickly once, causing a noise to urge him to get on. The man shouted insults while getting on from the front door to the middle of the carriage at the back door. It closed the door and drove forward. The middle-aged man had been scolding him.
Passengers in the carriage condemned the man when they saw him abusing him, and advised him not to abuse the driver again, otherwise it would affect the drivers driving and bring danger to the whole car. But when he heard it, he became more angry and scolded me more fiercely. He drove about 600 meters. He rushed to me and raised his fist and hit me. I blocked two punches with my hand. At that time, I was driving at a speed of 40 kilometers per hour, just up the hill. For the safety of the whole car, I had to grip the steering wheel with both hands. I dodged, causing the vehicle to sway from side to side, and then grabbed the steering wheel in time to avoid the accident. The passengers on the bus were not injured because of this.
The first instance of Huangpu District Court in Guangzhou held that the defendant Yang Mou abused the driver who was driving a bus and allowed the consequences of endangering public safety. Although the consequences had not yet resulted in serious consequences, his actions constituted a crime of endangering public safety by dangerous means.
The fact that the public prosecution accused the defendant Yang Mou-mou of endangering the public by dangerous means is clear, the evidence is solid and sufficient, and the charges are convicted. The Court supports it. In view of Yang Mou-mous recidivism and criminal record, he was given a heavier punishment and sentenced to three years and three monthsimprisonment.
Shaking the bus shift lever and driving the driver, the visually impaired passengers were sentenced to one years imprisonment.
At about 8 oclock on May 29, 2016, a dispute arose with Chen Mou, a bus driver, over whether or not he could take the No. 97 bus for free. When the bus travels to Duna archway section of Duna Village, Shibi Street, Panyu District, Guangzhou City, a certain district, regardless of traffic safety, shakes the shift lever of the bus by hand and beats the bus driver Chen Mous head with his fist, resulting in the runaway bus crashing into the roadside floorbed, seriously endangering public safety.
Panyu District Court of Guangzhou held that the act of a district has constituted a crime of endangering public safety by dangerous means. In view of the district after the collision of a bus alarm, stay at the scene waiting for treatment, and can truthfully confess their crimes, is surrender, can be lightly punished; in addition, the district has visual impairment, according to law can mitigate the punishment, sentenced to one years imprisonment.
The collision of the drivers shoulder caused the steering wheel out of control, causing 14 passengers to be injured to varying degrees.
At 7:00 on July 11, 2015, the defendant, Chen Mou, was at Cencun Primary School Bus Station in Tianhe District, Guangzhou. When he was trying to catch a 776 bus that had closed its doors and was heading for the main station of Science City Road, he was dissatisfied that the driver of the bus refused to take the bus. Later, Chen Mou chased the bus to the next stop and took the bus. A car. After boarding the car, Chen Mou stood beside the drivers seat and always insulted and quarreled with him. When the bus was driving to the section near Huaguan Road Bus Station, Chen Mou pushed against the shoulder of a certain Cang Mou with his hand, causing the steering wheel of a certain Cang Mou to slip out of control, resulting in a buses full of passengers running out of control and crashing into the road. Trees and lamp posts on sidewalks caused damage to buses, road facilities and 14 passengers to varying degrees. After the incident, Chen knows that others call the police and waits for treatment at the scene. After that, the public security officers bring him back to the scene for investigation. After filing the case, Chen truthfully confesses the main facts mentioned above.
The court of Tianhe District of Guangzhou decided in the first instance that the defendant, Chen Mojia, was convicted of endangering public safety by dangerous means and sentenced to one year and six monthsimprisonment.
Passengers can not bear to provoke the other 548 bus drivers for 5 years.
The Guangzhou Intermediate Court found that at about 8:40 pm on June 24, 2013, the victim Ruan Mobiao wanted to take the No. 541 bus with the number of Guangdong A84481 on Baiyun Road in Yuexiu District of Guangzhou. He scolded the driver Zheng Moumou during the boarding process because he suspected that the driver was too far away from the station and started pushing Zheng Moumou, which led to fighting between the two sides. To be dissuaded by passengers.
At about 9:10 p.m., when the bus arrived at the Siheng Road section of Yuancun, Tianhe District, Guangzhou, Ruan Mobiao went to the bus drivers seat again and scolded Zheng Mou-mou, and slapped Zheng Mou-mous face. Zheng then parked the bus at the roadside, and the two sides fought again. During the period, Zheng Mou-mou took a spring knife with him to face Ruan Mou-mou-mou. Multiple parts were stabbed to death. Zheng then surrendered himself to the public security organ. After Zheng Mou recalled in court, Ruan Mou-biao boarded the bus and asked, Is it comfortable to sit in the bus with air conditioning on? He also regarded it as a joke, who knew that Ruan had started to curse, and thought he was too slow to open the door. Zheng explained that when approaching the bus stop on that day, a taxi stopped in front of him. He did not intend to drive the door, but saw more and more passengers coming, he opened the door against the rules. Ruan standard is very dissatisfied with this, so the two sides have an argument. After the incident, Zhengs unit compensated the victims family for RMB 350,000 yuan. The victims family expressed their understanding to Zheng. Because of light judgment, the first instance of the Guangzhou intermediate peoples court sentenced him to 5 years imprisonment for intentional injury. Zheng Moumou indicated that he would not appeal. Source: Jinyang net editor: Zhao Yaping _NN9005
After the incident, Zhengs unit compensated the victims family for RMB 350,000 yuan. The victims family expressed their understanding to Zheng.
Because of light judgment, the first instance of the Guangzhou intermediate peoples court sentenced him to 5 years imprisonment for intentional injury. Zheng Moumou indicated that he would not appeal.