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Legal Daily reporter Ding Guofeng
September 2010, the Xinyi City, Jiangsu Province, Liang Chen Garden District a BMW driver, the 3-year-old children rolling half to death. Because at that time part of the surveillance video online, "BMW X6, rolled four times,jordan site officiel, children" and other words very exciting aroused strong concern of public opinion, which also led to the crime committed against the perpetrators of the controversy.
At 9:30 on April 29, the cases concern public hearing in Xinyi City People's Court, local NPC deputies and CPPCC members, media reporters, relatives of victims, relatives of the accused and society of the masses, nearly 200 people attend the hearing. After the trial,hollister, the court on the case through collegial court that made the decision to negligence causing death of First Instance sentenced the defendant to four years in prison Wu Tan.
The trial, prosecutors charged: September 7, 2010 11 am, the defendant Wu Tan BMW X6 SUV driving in Xinyi City xin'anzhen Auspicious Garden District,http://www.winedin.com/cajun chicken/images/pair_food_wine.php?food=register.cgi, Building 10, Unit 3, reversing from east to west in front of the road When, due to road conditions after the car lax observation, the 3-year-old semi-knocked down Moumou children, rolled, due to misjudgment premise Moumou car rolled again, because of its off view improper operation will cause the vehicle to stall hang back into reverse, causing the car on the left front and rear wheels rolled Moumou again, causing Moumou injured died in hospital the day after the death. Given the spot after the incident, the defendant Wu Tan 110,120 alarm call,http://www13.plala.or.jp/gakuki3/cgi_bin/aska/aska.cgi, and wait to receive treatment in place,jordan pas cher, to actively plea, the defendant's relatives, relatives of the owner and the victim signed a compensation agreement and paid compensation for death,http://guanshangji.cn/home.php?mod=space&uid=143927, funeral expenses, the spirit of solatium, and achieved understanding relatives of victims, are statutory mitigating or extenuating circumstances, in court that the accused constitute negligence causing death, requires sentencing within the prescribed punishment for the accused. Prosecutors charged the defendant without any objection.
During the court investigation, as the first set of evidence prosecutors alleged in court the full broadcast from the vehicle into the area to the defendant standing on the roadside alarm 5 minutes and 8 seconds the entire surveillance video. Before the spread of networks and different is that the video display driver appear in young children in the car on the other side, and went to the rear of the vehicle during the stay,prix chaussures louboutin, and always back to the Cub direction. It also showed that the driver did not flee the incident, but in about one minute after leaving summoned companions,http://www.middleeast.org/read.cgi, and in the field roadside phone call to the police.
Prosecutors also submitted to the court, including the confession of the accused,nike tn, witness testimony, forensic conclusions, vehicle inspection report, property management regulations, police records and other evidence of multiple groups. Defendant raised no objection to the evidence, counsel the surrounding residential property management issues,http://contest.japias.jp/tqj1998/10098/yybbs.cgi, court requesting the court to play the trouble-cell vehicles free access to the video.
During the court debate, the focus of the debate focused on the two sides on the negligence causing death or traffic crime constitutes qualitative defendant. Prosecutors believe that according to the relevant judicial interpretation of the incident the district has banned vehicles entering and leaving the community notices and the management system, relatively closed residential roads can not be simply identified as community roads, while the incident as a traffic accident.
Defendant during the final statement, expressed deep remorse for the families of the victims,http://www.womendeai.com.cn/forum.php?mod=viewthread&tid=315269, said,air max tn pas cher, "Words can not express,http://www.houseconcertsthehomeinvasiontour.com/vb/vb.cgi, blame yourself every day in the hope that relatives of victims as quickly as possible to come out from the shadows, forgive my fault."
When the recess over 20 minutes later, around 12:30, the Full Court made a verdict on the case to support the prosecutor's view that the defendant Wu Tan driving a motor vehicle in a residential area road parking, should have foreseen that their behavior may endanger the safety of others, due to lax observation, will play the young children in the car Moumou modest hit, rolling, due to improper operation caused by the car rolling again Moumou, Moumou injury caused after death . The defendant's conduct in line with negligence causing death constituent elements, wrongful death should be convicted and punished.
Full Court also believes that after the incident the defendant initiative call the police and wait for the public security organ for handling, a true account of facts of the crime, Department of surrender, may be given a lighter or mitigated punishment. The accused pleaded guilty to repentance, his close relatives and other positive compensation for the loss of relatives of victims and relatives of victims to obtain understanding, can the defendant appropriate sentences. According to the provisions of Article 233 of the "Criminal Law", wrongful death, and sentenced to more than seven years in prison. According to the fact that the defendant's criminal courts, nature, consequences and it has statutory and discretionary circumstances, sentenced the defendant to four years in prison Wu Tan.
Reporters noted that during the entire trial accused of relatives and relatives of the victims were in the gallery belong expression calm, after the verdict were not disputed.
After the trial, the trial judge in the "Legal Daily" reporters, explained that there are views that the defendant is guilty of intentional homicide problem of sin, the fundamental difference is that homicide is an intentional crime, wrongful death, negligence traffic crime crime, in this case the surveillance video,http://www.sendaimiyagidc.jp/templates/user/mailsystem/mailsystem.cgi,boutique louboutin paris, confession of the accused and the evidence proved that the defendant Wu Tan did not pay attention before reversing the car after observing the situation, there is no work on reversing radar until the car backwards, causing the victim to be rolled. At this point the defendant Wu Tan knocked on the victim's subjective state of mind is clearly rolling negligence rather than intentional. Thereafter, the defendant Wu Tan did not timely correct judgment vehicle bumps reasons drove the vehicle, causing the victim to be rolled again, this time on the defendant Wu Tan still belongs entirely to the subjective negligence of duty of care, the defendant People have realized that there is a problem Wu Tan observed and wish to get off the vehicle should be hung on the parking gear lever, but because of the tension and wrong lever pushed to the reverse gear. Then get off his car was found underneath the victim, then pour soon after the vehicle has been rolled into the victim, the defendant in order to avoid the victim and the vehicle rolled again want to lift the vehicle with his arms,air max pas cher femme, but failed to lift, causing the victim to be rolled again . The development of a comprehensive process of the whole case, although the defendant's conduct resulted in the victim objective is the vehicle rolled several times, but before, during,jordan pas cher, after reviewing the judgment plot, the defendant does not want or indulge subjective serious consequences,tn requin pas cher, According to the principles of subjective and objective consistent, the court finds that the defendant's conduct did not constitute intentional homicide.
To doubt the defendant's conduct constitutes the crime of traffic accident, the presiding judge explained that the main difference between the two charges is to look at places accused of crime. On the location of road traffic crime occurred within the scope of public transport management, and place the case occurred in a relatively closed community, not part of the scope of public transport management.
In addition, the presiding judge also explained that, wrongful death, legal punishment is three to seven years in prison. The accused have surrendered themselves statutory lighter or mitigated punishment, and the defendant also has pleaded guilty to justice after a positive, sincere repentance,air jordan femme pas cher, understanding and other relatives of victims made discretionary circumstances,chaussure louboutin femme, so their sentences. Combined with three to five years in prison prosecutor's sentencing recommendation, the case eventually sentencing four years in prison.
It is understood that the case occurred, relatives of victims was filed December 8, 2010 to the Court a civil action, and the owner asked the defendant Wu Tan Moumou civil liability. The court presided over the mediation, the two sides reached a settlement agreement voluntarily, Wu Tan Moumou jointly compensate the victims and relatives of the owners compensation for death, funeral expenses and other economic losses. The Civil Mediation Agreement has entered into force and fulfilled, relatives of victims to write a written letter of understanding "on the Wu Tan expressed understanding of crime, the judiciary can recommend a lighter fair punishment for Mrs. Tan."
Newspaper Xinyi (Xuzhou) Electric April 29
Photography: Ci sickness