This period honored guest of give a lecture
Lawyer of exercitation of Zhong Guiwei of office of attorney of seedling of Guangdong king seedling
Share two case with everybody today,
A very common movement in these two case and our life is concerned,
That opens door to get off namely.
Two case all did not notice road condition because of driver or passenger,
Temporarily berth,
Open door to get off at will and send a person to die,
Bring about assume criminal responsibility.
▍ case one
Basic details of a case
On October 8, 2015, the accused person considers some, namely the taxi driver of this case, drive the taxi jockeys temporarily, open cab is left door and produce collision to the electric car of travel together, cause electric car to drive person Dai Mou falls down by the bus is ground later pressure die.
Jiangsu province is opened east group of policeman of city public security bureau removes road transportation accident to make responsibility maintain to this, driver Gu Mou assumes main responsibility, dai Mou assumes less important responsibility, bus driver is unaccountable.
After accident happening, the taxi driver considers some to compensate 30 thousand yuan to one party of the injured party of one's own accord. Of the same age on December 17, open east the civil suit that city people court mentions to parents of the injured party, daughter makes first instance adjudicate, adjudicative insurance company recoups each loss to one party of the injured party aggregate more than yuan 700 thousand.
After civil suit part ends, in criminal lawsuit part, via the court cognizance thinks, the accused person considers some to drive motor vehicle jockeys temporarily in transport travelling when opening the door, trends of face of satisfy the need is scanty pass through at cloggy and observation, other vehicle, did not ensure safety drives, cause the serious consequence that one person dies, bear the main responsibility of the accident, its behavior already made crime of traffic cause trouble, should investigate criminal duty lawfully.
But because automatic a criminal give himself up to the police offers Gu Mou according to the facts,narrate crime, belong to confess one's crime, can punish lightly. After case hair, civil compensation matters concerned already finish, the accused person considers some to compensate pecuniary loss of share of close relative of the injured party, obtain be murdered to forgive just, but take into consideration the circumstances is punished lightly. Finally, the court adjudicates the accused person considers some to commit crime of traffic cause trouble, sentence a set term of imprisonment one year, probation a year 6 months.
Legal analysis
" criminal law " the 133rd regulation, disobey traffic to carry administrative laws and regulations, produce grave accident consequently, send a person to weigh injury, death to perhaps make state-private belongings suffers great losing, be in 3 years of the following set term of imprisonments or arrest battle.
In this case, it is scanty that the taxi driver considers some at observing road condition, did not ensure safety drives, open door temporarily on road and produce an accident. Basis " law of road transportation safety " fiftieth 6 regulations, jockey temporarily on road, must not hamper other vehicle and pedestrian pass through. " law of road transportation safety carries out byelaw " the 63rd (4) regulation, car stops firm before the member that must not drive door and fluctuation person, switch door must not hamper other vehicle and pedestrian pass through.
Return this case, the taxi driver considers some was to violate afore-mentioned legal regulations, produce grave accident consequently, and the main responsibility that still send one person to die and bears an accident, gu Mou makes crime of traffic cause trouble.
Basis " top people court about hearing case of criminal of traffic cause trouble specific application law the explanation of a certain number of problems " the 2nd regulation, have one of following state, be in 3 years of the following set term of imprisonments or arrest battle: (one) death one person perhaps hurts 3 people above again, negative accident is all of main perhaps responsibility.
Tie this record, the taxi driver considers some to disobey traffic to carry administrative laws and regulations, send one person to die and negative accident is main responsibility, it is to should be in 3 years of the following set term of imprisonments or arrest battle.
Appeal broad driver here, drive must want to notice safety, must abide by traffic regulation, civilization drives. Serve as a driver especially, always must note road surface case, must not jockey at will.
▍ case 2
Basic details of a case
On November 17, 2015, mo Mou parks small passenger car in blame motor vehicle to, zhang Mou of the passenger on the car gets off open left hind when door, comfortable meet Huang Mou drives dynamoelectric bicycle travel so far, send Huang Mou trip to get hurt, car is damaged.
After accident happening, huang Mou of electric car driver is sent to hospital make a diagnosis and give treatment, classics rescue is invalid die. Policeman branch is maintained, zhang Mou of driver Mo Mou, passenger bears coequal responsibility to the accident, victim Huang Mou is unaccountable. In Feburary 2016, the wife of victim Huang Mou, daughter appeals to to the court, the request is sentenced your insurance company is handing in compensation of cost of medical treatment of the compensation inside strong danger limitation, death, funeral expenses, spirit to damage cost of solatium, delay one's work to wait; Exceed hand in strong danger part to be compensated for inside limits of danger of responsibility of a third party by insurance company, do not belong to part of insurance manage compensate to be assumed by Mo Mou, Zhang Mou, each other bears joint liability.
Court of first instance thinks via cognizance, the behavior two-phase of driver Mo Mou and passenger Zhang Mou is united in wedlock, form external cannot intersected whole, cause the consequence that victim Huang Mou dies directly, make collective tort conduct. bilateral responsibility, driver Mo Mou assumes the liability to pay compensation of 70% , passenger Zhang Mou assumes the liability to pay compensation of 30% , and assume joint liability each other.
The accused refuses to obey first instance court decision, mention appeal. 2 careful court thinks through cognizance, mo Mou drives as motor vehicle person, have greater attention than the member that my wife at other vehicle compulsory, ought to ensure car all accords with safe standard below travel and berth condition, and the person that take a car is reached to get off larger control capacity is had on the choice of the opportunity in parking space buy, the mistake of reason Mo Mou is bigger. The both sides that decides to court of first instance assumes joint liability and in-house scale to give maintain.
Legal analysis
In this case, the respective behavior with respect to driver Mo Mou and passenger Zhang Mou, driver Mo Mou jockeys inside blame motor-driven driveway, and passenger Zhang Mou opens back row below the circumstance of not careful observation the behavior of left door already all violated relevant traffic safety statute, they are subjective the attention that goes up to fail to serve as traffic participator to should be used up to oneself is compulsory, all have certain fault severally. In this case, driver and passenger are undertaking jockeying, get off before behavior, generally speaking, can undertake communicating affirming to the position that get off, agree consistently. And the risk that both sides ought to realize it is certain to get off inside blame motor-driven driveway the likelihood is caused to personnel of the pass by outside the car, but all self-confidence can avoid, reason both sides is subjective on have common mistake, form collective tort, ought to assume implicative liability to pay compensation.
In this case, the passenger was to disobey " law of road transportation safety carries out byelaw " the 77th regulation, take motor vehicle to ought to abide by following regulation: (3) switch door must not hamper other vehicle and pedestrian pass through; Passenger Zhang Mou notices obligation without what use up his, switch door hampered of other vehicle and pedestrian current. So the agree carries legal responsibility.
Get off about opening the door this behavior, circle of small letter friend has heat to pass before " type of carry on one's shoulder opens the door law " , it is the word that left gets off, open door with the right hand, right gets off open door with left hand, when such opening the door, be about to turn the upper part of the body, make oneself line of sight turns to the direction after the car, can avoid visual blind area, reduce the happening of the accident.
Still have regulation of a legislation, hope everybody can remember, also be just mention " law of road transportation safety carries out byelaw " the 77th the 2nd regulation, "When taking motor vehicle, do not get on motor-driven driveway from motor vehicle left fluctuation car " .
That is to say, law is formulary passenger, on motor-driven driveway, forbid from motor vehicle left get off. Because jockey on the road in motor vehicle,get off, car still is on motor-driven driveway, and the motor vehicle that left is high speed contact, if from left get off, it is quite dangerous, so law is formulary passenger, on motor-driven driveway, must not from left get off. Resemble be being hit in the place such as Guangzhou, the left door of taxi back row cannot be opened, the purpose ensures namely the passenger's safety, do not offend at the same time legal provision.
Hint again finally everybody, no matter driver and passenger, always should abide by traffic regulation on road.
