Reason of bagatelle of leave without say goodbye of the other side when producing postaccident to call the police escapes bring about complete duty with punish again
On August 24, 2018 afternoon 16 when make, chen Mou received Henan to save total fleet of policeman of high speed of Public Security Department 2 detachment open the illegal processing notice that give, illegal reason is: Cause trouble escapes, chen Mou regrets unceasingly.
The matter should speak of from August 12, 2018, that day afternoon 18 when room of direct of 04 minutes of detachment receives call the police: "Zhengzhou of high speed of HongKong and Macow is in Beijing paragraph the masses car that contemporary car of a Beijing is blowing me " , just when say him move calls the police when traffic accident circumstance,the person says suddenly, "I am firm that contemporary car did not see twist head, ran! The loss is not big, hold out insufferable! " the accident is on duty policeman Chen Huaxin, Zhou Hongkun undertakes quickly investigating to the accident. Via checking, call the police person Li Mou drives one masses sedan cropland of garden of Zhengzhou of high speed of edge Beijing HongKong and Macow paragraph 674 kilometers east half range is in left the first driveway from south northerly and normal travel, hear a car suddenly on the right side of " phut " , hurry decelerate, there is sedan of a gray on the right side of discovery at the same time also decelerate, li Mou jockeys examine a case, discovery has scratch on the right side of the car, the loss is not big, contemporary car stops that gray inside driveway of lash-up of west the front, the driver also gets off examine a case, li Mou drives the car to that car ahead then, call call the police, li Mou saw sign of car of the other side, report then from car loss, when he has rolled a head again, contemporary sedan of Beijing of gray of that comfort A3H*** disappeared, the leave without say goodbye of driver of contemporary to this car feels Li Mou very very open-eyed, angry! That one act that calls the police with respect to occurrence begin then, offerred a car to carry kinescope of recorder of drive a vehicle to the policeman.
Policeman attune takes contrail of this drive a vehicle of contemporary car, discover car already from channel Zhao station plays even suddenly freeway high speed, then with contemporary car advocate connection, at that time car advocate did not pick up the telephone, on August 13 morning, policeman Zhou Hongkun and car advocate get in touch, car advocate the father that is Chen Mou, to the accident not know the inside story, he promises a policeman to inform him the son accepts processing to team of high speed policeman, chen Mou comes to 2 detachment on August 13 afternoon. Classics understanding, chen Mou of contemporary car driver is week mouth person, in Zhengzhou development of new and high technology some company goes to work, on August 12 afternoon 15 when make drive from Lu Yi collect fees on the west the high speed on the station answers Zhengzhou, his grandma sits in deputy drive the position, in Zun Qi the 2nd drive a vehicle when accident happening travel, speed is horary 110 kilometers left and right sides, the look takes when driving, with left black small passenger car was blown, jockeyed with respect to keep to the side, see a car not have hinder greatly, left back a car lens retrace, pulled come back, the car that sees the other side also came over, and the driver is in call, because grandma body is unwell, went rapidly. Examine minutely when the policeman: "You remand the grandma, why to call the police immediately or to why to call the police immediately or handle this matter to policeman team? Whether do you drive after wine? " Chen Mou cannot give out to explain reasonably.
Obtain evidence through investigation, total fleet of policeman of high speed of Henan province Public Security Department 2 detachment consider to maintain to this accident: Chen Mou drives produce postaccident, find out to evade law, did not talk things over with the other side, have no call the police in time or accept processing to policeman team, form escape, assume this accident total liability! Both sides all did not offer check to this accident, at present Chen Mou assumed this to have an accident lawfully civil compensation 13000 yuan (although this car has insurance, because the driver escapes,bring about insurance rejecting claims, compensatory money is total by party Chen Mou from dig down) ; The behavior office that the policeman creates traffic postaccident to escape to still do not make crime to its lawfully fines 500 yuan, write down 12 minutes.
High speed policeman hints: Right when the accident produces on the freeway way is:
How to do after accident happening? " law of safety of transportation of road of People's Republic of China " the 70th regulation, traffic accident produces on road, car drives the person ought to stop working instantly, protect the spot; Cause person casualties, car drives person ought to instantly rescue gets hurt personnel, the pointsman that rapid report is on duty or management department of transportation of public security mechanism. Because rescue gets hurt,personnel changes of the spot, ought to indicate the position. The person that take a car, vehicular traffic drives person, pedestrian traffic ought to give assistance.
Traffic accident produces on road, did not cause person casualties, party does not have controversy to fact and cause of formation, can withdraw the spot all right namely, restore traffic, negotiate processing damages matters concerned by oneself; Do not withdraw the spot all right namely, ought to report quickly the pointsman that be on duty or management department of transportation of public security mechanism.
Traffic accident produces on road, cause slight belongings loss only, and basic fact is clear about, party ought to withdraw spot reentry to negotiate processing all right first.
The cognizance that cause trouble escapes? "Traffic cause trouble escapes " , it is to point to produce road transportation postaccident, party of road transportation accident is found out to evade law, drive car or abandon car escapes the behavior of road transportation trouble spot. According to road transportation safety the law sets, be maintained to be 8 kinds of behavior that traffic cause trouble escapes:
1. Know perfectly well produce traffic accident, traffic accident party drives or abandon a car to escape of trouble spot;
2. Traffic accident party thinks he does not have responsibility to the accident, drive sail those who leave trouble spot;
3. After traffic accident party has alcoholic drink, mix drive without card wait for suspicion, pending of spot of the nonperformance after reporting a case to the security authorities handles obligation, abandon what after the car leaves trouble spot, return again;
4. Although traffic accident party sends a hospital the person that hurt, but did not report a case to the security authorities and without reason leaves a hospital;
5. Although traffic accident party sends a hospital the person that hurt, but the hospital leaves after the person that give or family member leave false full name, false address, holiday to contact means;
6. During traffic accident party accepts investigation of abscond;
7. Traffic accident party leaves the scene and do not admit accident of Ceng Fasheng traffic, but evidence proves its should know to produce traffic accident;
8. Fail to reach via talking things over agree or use apparent inadequacy without talking things over to pay damage, traffic accident party did not leave him real message, evidence proves his leave the scene forcibly.
Is the responsibility that cause trouble escapes maintained? " law of safety of transportation of road of People's Republic of China carries out byelaw " the 92nd regulation, produce traffic postaccident party to escape, the party that escape assumes full responsibility. But, evidence proves the the opposing party also has fault, can reduce liability.
Party is destroyed intentionally, forge evidence of the spot, destruction, assume full responsibility.
Cause trouble car escapes, press " insurance contract " agreement, insurance company assumes insurance responsibility no longer, the car basically assumes total damage.
The punishment that cause trouble escapes? " law of safety of transportation of road of People's Republic of China " ninety-nine regulation, have one of following action, be in 200 yuan of above by management department of transportation of public security mechanism 2000 yuan of the following amerce:
(one) did not obtain motor vehicle driver's license, motor vehicle driver's license by revoke motor vehicle perhaps drives during motor vehicle driver's license is buckled by of short duration;
(2) make motor vehicle by did not obtain motor vehicle driver's license or the person that motor vehicle driver's license is arrested by revoke, of short duration drives;
(3) cause traffic postaccident to escape, still do not make crime;
(4) motor vehicle travel sets speed per hour more than of 50% ;
(5) force motor vehicle to drive the person disobeys law of road transportation safety, code and motor vehicle safety to drive the requirement drives motor vehicle, cause traffic accident, still do not make crime;
(6) the regulation that violates traffic control passes through forcibly, do not listen dissuade;
(7) mar intentionally, facilities of transportation of mobile, alter, cause harm consequence, still do not make crime;
(8) illegal intercept, detain motor-driven car, do not listen dissuade, cause traffic serious block is larger perhaps belongings losing.
The money before behavior person has the 2nd, one of the 4th case, can handle driver's license of revoke motor vehicle; Have the first, the 3rd, the 5th to one of the 8th case, can be in 15 days to be detained below.
" law of safety of transportation of road of People's Republic of China " the 101st regulation, violate the regulation of law of road transportation safety, code, produce accident of great liaison man, make crime, investigate criminal duty lawfully, and by driver's license of motor vehicle of revoke of management department of transportation of public security mechanism. Cause traffic postaccident to escape, by driver's license of motor vehicle of revoke of management department of transportation of public security mechanism, and must not obtain motor vehicle driver's license afresh all one's life.
" criminal law of People's Republic of China " the 133rd regulation, commit crime of traffic cause trouble, "Be in what after traffic of arrest battle; carries cause trouble, 3 years of the following set term of imprisonments perhaps escape or have other and special abominable plot, be in 3 years of above 7 years the following set term of imprisonment; Send a person to die because of escaping, be in set term of imprisonment of 7 years of above.
