When taking a taxi because pay fare the issue, the Shao Mou that bringing the child and taxi driver Wang Zhiyuan produce issue, wang Zhiyuan is angry under, break two people dead with block actually!
Made 4:26 on March 11, 2017 afternoon, the Shao Mou of Shandong Qingdao and the son Zhang Mou that resent 5 years old take the taxi that Wang Zhiyuan drives.
In road, wang Zhiyuan and Shao Mou because of fare pay problem happening issue, wang Zhiyuan drives then carry Shao Mou's mother child return start to ask two people get off, shao Mou expresses clearly to reject to get off and ask king annals is far its two people send to destination.
Wang Zhiyuan is angry under, two people hillside of northern part of community of Ou Xiwang Tuan lays this world of town of city of Zai Zhiqing island, hold block to count stroke Shao some head first, head of second stroke Zhang Mou is counted after, send damage of brain of two people skull to die on the spot.
The injured party sent the message that encircles in the friend that day
June 2018, qingdao quadrangle makes first instance adjudicate to this case, qingdao quadrangle thinks:
Wang Zhiyuan serves as a taxi driver, fail in locomotive passenger process normative civilization serves, when reaching destination requirement passenger pays fare to cause conflict thereby ahead of schedule.
And undertake dealing with bringing about contradicting upgrading in the kind that with the passenger conflict hind carries this to violate trade act standard with refus again.
The do violence below the circumstance that asks to continue to fulfill locomotive contract to reject to get off in the passenger after commits murder, hold block ministry of woman's head-ornaments of successive stroke the victim, and vent one's anger on sb who's not to blame of for no reason at innocent along with Hang Youtong, cause 2 people death.
Its crime property is particularly abominable, guilty method is particularly cruel, guilty consequence is particularly serious, social harm sex is great.
Forensic first instance commits intended homicide with Wang Zhiyuan, sentence its capital punishment, privative politics right is lifelong.
Wang Zhiyuan refuses to obey appeal goes to Shandong tall courtyard.
Shandong tall courtyard thinks, method of Wang Zhiyuan crime is particularly cruel, the clue is particularly abominable, crime is extremely serious, although the department confesses his crime but can't punish lightly. On March 27, 2019, ruling of Shandong tall courtyard rejects appeal, maintain original judgement.
Later, the family member of two the injured party sues Qingdao city cab company the court, compensation of death of claim for compensation, be waited for by living cost of bring up person.
First instance of court of people of division of city this world thinks:
When the passenger takes a taxi oneself, rise, passenger and carrier form concern of passenger transportation contract.
The practical car of the taxi advocate although be Wang Zhiyuan, the name of cab firm of city of Dan Yiqing island offers battalion carry to serve, because of this Qingdao city cab company should be carrier, ought to assume total liability to pay compensation to Shao Mou's death according to responsibility of breach of contract.
Through cognizance, forensic first instance adjudicates, qingdao city cab firm compensates for relative of two the injured party to add up to more than yuan 1.95 million.
After first instance is adjudged, qingdao city cab firm refuses to obey, appeal arrives Qingdao quadrangle. Qingdao city cab firm thinks:
Wang Zhiyuan is in pullback the injured party only then the injured party of the requirement after sending the ground gets off, put in behavior of apparent break a contact, the injured party ought to adopt proper measure to prevent losing to enlarge the farther aggravation that reachs situation.
The injured party did not get off directly below the circumstance here, continue however as far as king annals inside the car conflict, its impropriety behavior brings about this case tragedy and final losing to happen directly.
One adjudgement makes appellant assumes full responsibility, do not accord with fair principle.
To this, qingdao quadrangle thinks:
Wang Zhiyuan is fulfilling carriage contract process in, did not send its to in safety according to requirement of the injured party appoint destination, strip illegally intentionally however the life of Shao Mou, Zhang Mou sends his to die, relative of the injured party advocates Qingdao city cab firm undertakes responsibility of breach of contract lawfully as carrier, regulation of be good law.
In addition, book of ruling of 2 careful criminal did not maintain Shandong tall courtyard Shao Mou, Zhang Mou is fulfilling fault of the existence in carriage contract. Accordingly, qingdao city cab firm advocates Shao Mou, Zhang Mou was not fulfilled prevent a loss to enlarge obligation, should not assume to distensible loss prove without evidence, qingdao city cab firm assumes total liability to pay compensation to the death of Shao Mou, Zhang Mou.
In May 2019, qingdao quadrangle rejects appeal finally, maintain original judgement.
Netizen comment
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