Jiangsu Xinyi "BMW grind child case," the driver trial<br>Legal Daily reporter Ding Guofeng<br> <br>September 2010, within the Xinyi City, Jiangsu Province Liang Chen Garden District a BMW driver, the rolling 3-year-old children and a half to death. At that time, part of the surveillance video online, "BMW X6,http://www.54qingdao.com/home.php?mod=spacecp&ac=blog&blogid=, four grinding mill, children" and other very exciting words aroused strong public concern, which also led to the perpetrators of the crime committed by controversy.<br> <br>At 9:30 on April 29, the closely watched case a public hearing in Xinyi City People's Court, local NPC deputies and CPPCC members, media reporters, relatives of victims, relatives of the accused and of the masses, nearly 200 people attend the hearing. After the trial, the court case that is through collegiate court made a decision to negligence causing death of First Instance sentenced the defendant Wu Tan 4 years in prison.<br> <br>Trial,http://forum.longquanzs.org/forum.php?mod=forumdisplay&fid=259&mod=spacecp&ac=blog&blogid=, prosecutors charged: September 7, 2010 11 am, the defendant Wu Tan driving a BMW X6 SUV on Xinyi Xin'an Auspicious Garden District, Building 10, Unit 3, in front of the road from east to west parking When, because of the road conditions after the car lax observation, the 3-year-old semi-knocked down children Moumou, grinding mill,http://sneakercollectorforum.com/forum/profile.php?id=1788, due to misjudgment premise grinding mill Moumou car again, because of its off view improper operation will cause the vehicle reverse gear linked into reverse, causing the car on the left rear wheel grinding mill Moumou again, causing Moumou injured died in the hospital the day of death. In view of the defendant after the incident Mrs. Tan spot make 110,120 police, and in place waiting to receive treatment, to actively pleaded guilty,http://www.xq0757.com/read.php?tid=1042963, the defendant's relatives, owners and relatives of the victims signed a compensation agreement, and pay compensation for death, funeral expenses, in emotional and other relatives of victims made understanding, belong to statutory mitigating or extenuating circumstances, court that the accused constitute negligence causing death requires sentencing within the legal punishment for the accused. Prosecutors charged the defendant without any objection.<br> <br>During the court investigation, as the first set of evidence prosecutors charged, the court complete broadcast from the vehicle into the area to alert the accused standing on the roadside five minutes and eight seconds the entire surveillance video. Before the network and communication is different it is that video showed the driver appear in young children in the car on the other side, and went to the rear of the vehicle during the stay, and always back to the children direction. It also shows that the driver did not escape the incident, but in about one minute after leaving fellow called,http://www.suiningmz.com/edu/Review.asp?NewsID=506, and the police at the scene roadside dial phones.<br> <br>The prosecutor also submitted to the court, including the confession of the accused, witness testimony, forensic conclusions, vehicle inspection report, property management regulations,woolrich outlet, police records and other evidence for multiple groups. The defendant raised no objection to the evidence, counsel is about the residential property management issues, court requesting the court to play the trouble-cell vehicles free access to the video.<br> <br>During the court debate, the focus of both sides of the debate focused on the fault in causing death or traffic accident crime defendant qualitative composition. Prosecutors believe that on the basis of relevant judicial interpretations, the incident cell vehicle access prohibited society notices and the management system, relatively closed residential roads can not be simply identified as social road, while the incident as a traffic accident.<br> <br>Defendant during the final statement expressed deep remorse for the families of the victims, said,doudoune moncler pas cher, "Words can not express, blame yourself every day in the hope that relatives of the victims as soon as possible to come out from the shadows, forgive my fault."<br> <br>When more than 20 minutes after the adjournment, 12:30 or so, the Full Court made a verdict on the case, supported the prosecutor's view that the defendant Wu Tan road driving a motor vehicle in the residential area parking,http://demo.web300.cn/free8/Review.asp?NewsID=627, should have foreseen that their behavior may endanger the safety of others, due to lax observation, the children playing in the car Moumou Qian knocked down, 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 of the constituent elements, should be based on negligence causing death, convicted and punished.<br> <br>Full Court also believes that after the incident the defendant initiative call the police and wait for the public security department, a true account of facts of the crime, Department of surrender, 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 the understanding, you can appropriate sentences for the accused. According to the provisions of Article 233 of the "Criminal Law" negligence causing death and sentenced to more than seven years in prison. According to the fact that the defendant's criminal courts, nature, and its consequences have statutory and discretionary circumstances, he sentenced the defendant to four years imprisonment Wu Tan.<br> <br>Reporters noted that during the entire trial the accused relatives and relatives of the victims belong to all in the gallery look calm, after the verdict were not disputed.<br> <br>After the trial,http://211.86.128.2/gjjl/Review.asp?NewsID=595, the trial judge told the "Legal Daily" reporters, explained that there are views that the accused is guilty of the crime of intentional homicide problem, the fundamental difference is that the crime of intentional homicide was intentional, wrongful death, traffic crime is negligence crime, in this case the surveillance video,http://carnetsdesante.fr/spip.php?article300, confession of the accused and relevant evidence, the defendant Wu Tan did not pay attention before reversing after the observation car situation, did not wait until the vehicle-mounted radar work on reversing backwards, causing the victim was run over. In this case the defendant hit the victim Wu Tan rolling subjective state of mind obviously negligent rather than intentional. Thereafter, the defendant Wu Tan did not correctly judge the vehicle bumps reasons and drove the vehicle, resulting in the victim has been run over, this time on the defendant Wu Tan still belongs entirely to the subjective negligence of duty of care, the defendant Wu Tan people have realized there are problems and wish to get off the observation that the vehicle should be hung on the parking gear lever, but rather due to the tense wrong lever pushed to the reverse gear. Which then get off car found underneath the victim, this time coming back after the vehicle has rolled to the victim, the defendant in order to avoid the vehicle rolling a victim again and I want to lift the vehicle with his arms, but failed to lift, causing the victim was run over again . Comprehensive development of the whole process of the case, the defendant's conduct has led to the victim, although the objective is the vehicle rolled repeatedly grind, but before,piumini woolrich sito ufficiale, during, after the judge reviewed the circumstances, the defendant subjectively not want or indulge serious consequences, According to subjective and objective consistent with the principles, the Court finds that the defendant's conduct did not constitute intentional homicide.<br> <br>On whether the defendant's conduct constituted the crime of traffic accident in doubt, the presiding judge explained that the main difference between the two charges is the place to see the accused crime. On the occurrence of road traffic accident crime sites within the scope of public transport management, and place the case occurred in a relatively closed community, not belonging to the scope of public transport management.<br> <br>In addition,woolrich outlet milano, the presiding judge also explained that, wrongful death, legal punishment is three to seven years in prison. The accused has to surrender the statutory mitigating or extenuating circumstances, and the defendant also pleaded guilty to justice after a positive, sincere repentance,air max 90 pas cher, understanding and other relatives of victims made discretionary circumstances, so their sentences. Combined with three to five years in prison the prosecutor's sentencing recommendation, in this case the final sentencing to four years imprisonment.<br> <br>It is understood that after the case occurred, relatives of victims had filed December 8, 2010 to a civil court to require the defendant Wu Tan and owners Moumou civil liability. The court presided over the mediation, the two sides reached a settlement agreement voluntarily, Wu Tan Moumou common reparations to victims and relatives of the owners of compensation for death, funeral expenses and other economic losses. The civil mediation is already in force and fulfilled, relatives of victims to write the written letter of understanding "on the Wu Tan expressed understanding criminal behavior, we recommend that the judiciary can Kivu Tanzania lighter fair punishment."<br> <br>Newspaper Xinyi (Xuzhou) April 29 electricity<br> <br>Photography: Chi sickness<br><br>
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Legal Daily reporter Ding Guofeng
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