Sentenced! The female driver of ＂Maserati case＂ in Henan was sentenced to life： 6 million injured and 2 million dead! Reconciliation between the two sides

　　The case of "Maserati hit a BMW to death" in Henan Province was pronounced, and the female driver involved committed the crime of endangering public safety in a dangerous way and was sentenced to life imprisonment. In July last year, his drunk driving caused 2 deaths and 4 injuries.It is understood that at present, three defendants and three injured parties have reached a compensation agreement on the civil part of the case, and the injured Wang Jiaotong’s two families of the deceased each received more than 2 million yuan.



　　On July 3, 2019, Tan Mingming of yongcheng city, Henan Province, drunk, drove a Maserati sedan with Liu Songtao and Zhang Xiaoqu, and quickly chased a BMW car waiting for the green light, and the BMW car caught fire instantly. The accident caused 2 deaths and 4 injuries. Among the three people on the BMW, two men in the back seat died on the spot, and the driver Wang Jiaotong suffered extensive burns all over his body. On January 16, 2020, the case was heard in public in the Intermediate People’s Court of Shangqiu City, Henan Province. The trial lasted more than 5 hours and was not pronounced in court.


　　On January 16, 2020, Shangqiu Intermediate People’s Court disclosed the case. Defendant Tan Mingming ignored dissuasion after a traffic accident caused by drunk driving, and continued to drive in collision, causing heavy casualties and economic losses. Defendants Liu Songtao and Zhang Xiaoqu still instigated Tan Mingming to escape knowing that he was drunk and had an accident, resulting in more serious consequences. The actions of the three defendants all constituted crimes of endangering public safety by dangerous means.


　　Source: Beijing News, Southern Metropolis Daily

Previously, Hexun. com originally reported:

The case of "Maserati hit a BMW and killed two people" in Yongcheng, Henan Province was heard in yongcheng city People’s Court on January 16th. In court, the prosecution suggested that three defendants be sentenced for endangering public safety by dangerous methods. The defendant Tan Moumou knelt down in court to apologize, and the victim’s family indicated that they would not understand, and expressed the hope that the court would sentence the perpetrators to death and immediately execute them.


　　Why does it constitute a crime of endangering public safety by dangerous means?


　　The public prosecution agency believes that the defendant Tan Moumou ignored dissuasion after a traffic accident caused by drunk driving and continued to drive into collision, causing heavy casualties and economic losses. The defendants Liu Moumou and Zhang Moumou, who were fellow passengers, instigated Tan Moumou to escape after knowing that he was drunk and had an accident. The actions of the three defendants all constituted the crime of endangering public safety by dangerous means. In the joint crime, Tan Moumou is the principal offender, and Liu Moumou and Zhang Moumou are the accomplices. The prosecution suggested that three defendants be sentenced for endangering public safety.



　　Relevant lawyers said that drunk driving itself constitutes a dangerous driving crime, but this crime is at most six months of criminal detention. After the female driver ran away from many cars, she drove at high speed and finally hit the BMW, which led to the fire of the BMW and the death of the people on board, which violated the crime of endangering public safety. Therefore, she constitutes a traffic accident crime on the basis of endangering public safety. In this case, if a felony is chosen to deal with it.



　　The crime of dangerous driving is a new crime added in the Criminal Law Amendment (VIII), and dangerous driving behavior itself is also a concrete other dangerous method. According to the second paragraph of Article 133-1 of the Criminal Law: "Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes at the same time shall be convicted and punished according to the provisions of heavier punishment." This provision shows that in the process of dangerous driving crime, there may be cases in which the crime of endangering public safety by dangerous methods is identified or transformed into conviction and sentencing. In the crime of dangerous driving, if the perpetrator, under the control of consciousness and will, leads to the serious consequences of the injury or death of an unspecified number of people or the violation of the personal rights or major property rights of an unspecified number of people for more than two consecutive times, it shall be deemed that the perpetrator intentionally or indirectly committed the crime of endangering public security by dangerous means.


　　Referring to Chang ‘an Ying finidi’s drunk driving case, Maserati female drivers have the lowest or no life.


　　The "Maserati female driver drunk driving case" is quite similar to the "Changan Ying finidi drunk driving case" that shocked the whole country before. On May 9, 2010, Chen Jia, the perpetrator, drunk driving an English finidi car and rear-ended a Fiat car waiting for a red light, resulting in two deaths and one injury on the Fiat car. Afterwards, the Second Intermediate People’s Court found the driver Chen Jia guilty of endangering public safety by dangerous means, sentenced him to life imprisonment and deprived him of political rights for life.



　　From the two accidents alone, both drivers were drunk. At the same time, the Maserati female driver in this case still forcibly fled the scene after the accident, which led to the occurrence of the final major accident. No matter from the result or the process, its harm was no less than the "Chang’ an Ying finidi Drunk Driving Case", so on the whole, the Maserati female driver was not less than the life imprisonment sentence of the perpetrator Chen Jia of the "Chang’ an Ying finidi Drunk Driving Case". According to the provisions of the Criminal Law, those who commit the crime of endangering public security by dangerous means, and the circumstances are serious or cause serious consequences, can be sentenced to death at the highest.


　　Why is the female driver of Hangzhou Mercedes-Benz sentenced to 5 deaths and only sentenced to 6 years?


　　Prior to this, a major traffic accident in Hangzhou was pronounced. According to the verdict, the owner of Hangzhou Benz killed five people and was finally sentenced to six years in prison for being charged with traffic accident. Although the consequences and casualties are greater, the reason is that the defendant panicked when driving and mistakenly used the accelerator as a brake, which led to the loss of control of the vehicle, and the driver was at fault for the accident, which was a negligent crime.



　　According to the provisions of the Criminal Law, if there are other particularly bad circumstances in traffic accidents, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. However, the court’s judgment shows that the female driver has surrendered and has not escaped. On this basis, the law can only sentence her to 7 years at most. In addition, after the incident, the relatives actively compensated and obtained the understanding of most victims. These performances can be used as a bargaining chip to reduce punishment.


　　To endanger public safety, the actor needs to realize that his behavior will bring potential danger to specific public safety, and still let or hope this danger happen, and the actor constitutes a crime of endangering public safety. In the case of "Maserati female driver drunk driving", the driver Tan was already drunk, and had a bump before hitting BMW, but he still drove at high speed and continued to collide. This plot can already be considered that Tan had the intention to endanger public safety.


　　If the perpetrator didn’t drink and drive, and can’t prove that he had the intention to endanger public safety, even if he killed five people, it wouldn’t constitute a crime of endangering public safety, just like Chen Mou of Hangzhou Benz killed five people, which constituted a traffic accident crime, but not a crime of endangering public safety.


　　

(Editor: Su Bo)