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Started 10 years ago by olssf684307

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 Chengdu Sun Weiming drunk driving caused 4 dead 1 injured, was sentenced to life; Guangzhou LiJingQuan drunk driving caused two dead and one was wounded, was sentenced to life; Nanjing ZhangMingBao drunk driving causing five deaths and four injuries, he was sentenced to life. Due to a lot of the people who ignore these drunk driving led to the horrors of life and heart but was not sentenced to death, the March 18 a decision Chu Chau District of Huai'an City, Jiangsu Province People's Court is unacceptable, drunk driving causing 3 dead 1 injured Du defendant, was sentenced to only seven years. A time of public outcry, a variety of disputes, the target of criticism after another. Caused three dead one injured drunk driving was sentenced to seven years why only - Huai'an City, Chu Chau district court decision sparked controversy drunk driving case Zhimin / text 4 teenagers in a car accident 3 dead 1 injured "It was the scene if one word to describe it is 'appalling', after being knocked down three boys sport utility vehicle, the body lying on the roadside, bloody piece." Eyewitness Zhang Wei (a pseudonym) to the lingering fear The author describes the scene when the accident happened. October 31, 2009 around 5:40 in the evening, cold wave attack, wind and rain. In Huaian Zhuqiao Gaozhuang set 306 county road opened a small shop of Zhang see late, no passenger door, they were ready to close home. When he was preparing to leave the windows and doors shut, he suddenly heard the "bang bang" or two, followed by a shrill sound of the brakes. He quickly tracks the sound looked and saw the faint lying on a street not far from the canteen dressed in white clothing, and a dark white car parked not far in front, the car is not open headlights, taillights flashing only . "Oh, an accident." This is Zhang's first impression. He immediately rushed to the scene and saw the white clothes in front of people a few meters away, but also lay a boy, then looked forward, and another boy down the street, next to him there was a boy squatting on the road side shivering, left high forehead with blood. At this time,http://www.xinhelan.com/home.php?mod=spacecp&ac=blog&blogid=, we heard the movement of the villagers have come, people panic. Zhang back to the store took out a flashlight leaned closer and saw that all three children fell village, squatting on the roadside wounded boy named Su Rui, then had his eyes dull. After doctors diagnosed of suffering from a slight concussion. White clothes is 15-year-old Su Guangze, has died on the spot, lying in front of a 13-year-old Xu Yang, also have died, 16-year-old Zhang still breathing, still fretting head, after being sent to hospital He died. The forensic identification, three deceased were injured due to brain death. "Three kids sandals are not hit, really a terrible thing." Zhang says he still often recalled the scene, the incident that night, three deceased family members are often in piercing cry He echoed his ear. Zhang told the author, the four boys outside the boarding school, Xu Yang and Zhang Yi or cousins, before the incident falls on a weekend, they went to town a bathroom shower, wash after a good home together, who knows his way suddenly Except. He died in a car accident three children are home only son, drunk driving wheels instantly destroyed three happy family. Su Su Guangze's father told reporters that the United States, Su Guangze 1 year old mother died, himself busy because of work, put a small child in foster care in Chak Kwong grandmother, until the child is 6 years old and own family after the reorganization him back. After his wife wanted to have another child, but in order to take care of small Ze wholeheartedly to give up this idea,http://211.86.128.2/gjjl/Review.asp?NewsID=595, the small Ze deemed own. Xu Yang's father said that when he saw his son's body temperature still lying on the cold cement floor in the hospital hallway, he immediately fainted, overnight white hair. Cremation day, because it can not accept the reality of his dead son,louboutin pas cher, he did not go to the scene. Zhang's mother can not accept it because his son's sudden departure, insanity, and so far has not improved. Drunk driving causing horrible disaster The accident comes to the maker, Zhang indignation, when the crowd rises,moncler outlet milano, a stranger covered with the alcohol from off-road accident near the vehicle run out. "This car is yours?" Zhang face questioning, the man admitted his bike off-road vehicles, he drank, but he said the car was not drinking driver opened. Soon, the police received a report and Zhu Bridge police station has arrived, despite police asked the man never admit that he is the driver, the police had to be brought to the police station to continue to ask. 8 o'clock in the evening, the man confessed their army, 42 years old, is the flow of both the town of Chau Chu, he admitted that he was the driver of the vehicle. Originally, Du's daughter to school in the city, the incident that day at noon arrived at the city from the stream were Du town, entertained her daughter's school teacher. During the evening, a total of 10 people drank 3 kg of liquor plus some beer, Du confess his drinking about four two liquor. Drink, Du invite teachers to take a bath. After the bath, he will bid farewell to the teacher, but it lay in the bathroom more than 17:00, when he felt sober mind is very clear, he relied on his 20 years of driving experience to launch a sport utility vehicle, rushed flow are rural home. When driving near Du reaching Zhuqiao, feel there is a vehicle in front of white shadow swinging, and then they heard the "bang" sound, he immediately brake, get off, he heard someone shout "car gave the driver a" But he said did not see anyone being knocked down, but found the front windshield of his own car breaks down, took out the phone the police. 23:00 the same day, the blood tests, Du blood alcohol content of 88 mg / 100 ml, belonging to drunken driving, the next day 3:00, Du was detained. After the accident, the government Huaian³þÖÝDistrict timely intervention of a car accident compensation processing. After repeated mediation departments, finally reached 450,000 yuan compensation for each dead,http://211.86.128.2/gjjl/Review.asp?NewsID=595, injured more than 9,000 yuan compensation scheme. Since DU is no fixed job, his family was not well-off, off-road vehicle accident is cheap to buy a used car, and the family has two children, dependents, for a time unable to come up with all of the compensation, his family can come up with 48,000 yuan. After government mediation, the day to accept an invitation to dinner teachers come up with 100,000 yuan compensation, vehicle insurance company to come up with 110,000 yuan compensation insurance, and the remaining 120 million underwritten by the government in advance. Drunken perpetrator was sentenced to seven years only After the accident, the community have called for the incident to punish the perpetrators, parents of the deceased is Du hated the perpetrators of drunk driving. Huai'an City, Chuzhou District Police Detention after Du,woolrich outlet milano, the decision in accordance with legal procedures "to the crime of endangering public safety" to the Chuzhou District Prosecutor's Office reported catch, but Du's lawyer has raised an objection that should be held to the Crime Du criminal liability. Crime of endangering public safety, refers to the arson,http://www.xaji7.com/forum.php?mod=viewthread&tid=24, flooding, explosions, various unusual poisoning dangerous methods other than the implementation of the crime of endangering public safety, the performance of an intentional crime in subjective terms,doudoune moncler soldes, in accordance with the "Criminal Law" the provisions of Article 115, committed this crime causing serious injury, death or serious losses to public and private property, the term imprisonment, life imprisonment or death. The traffic crime refers to violation of road traffic regulations,http://pw.citybk.com/apps.php?q=diary&a=detail&did=136805&uid=87567, major traffic accidents, causing serious injury, death or serious losses to public and private property, according to the law be held criminally responsible for criminal acts. According to the provisions of Article 133, "Criminal Law", guilty of the crime of traffic accident three years imprisonment or criminal detention; Transport fled after the accident or other special circumstances of the poor, at least 3 years 7 years imprisonment. "A maximum possible sentence to death, sentenced to a maximum of only 7 years in prison, Du drunk driving causing 3 dead 1 injured, how could only sentence for seven years?" Chuzhou District People's Procuratorate, after examination, believes or should be traffic crime arrest appropriate. February 4, 2010, Huai'an City, Chuzhou District Court hearing the case, the court, when prosecutors Du committing traffic crime, immediately caused an uproar, the presence of the charges alleged that the masses have significantly lighter. According to September 11, 2009 the Supreme Court issued "on the issuance of drunken driving guidance on the application of criminal law and the relevant typical case of notice" requirement: "After the accident continue to drive collision, causing heavy casualties, described the behavior of the subjective harmful results of continuing support laissez-faire attitude, has deliberately endangering public safety. for drunken driving caused such heavy casualties, should the law of endangering public safety crime conviction. "Du's lawyer that the case, the Du After the army sudden accident in the car driving the process, it did not continue to drive collision, but immediately stop the alarm, therefore, does not meet the characteristics of endangering public safety crime crime. The deceased parents think, Du drunk driving killed three people,http://periscopewebvideo.com/user/75832/fbconnect, injured one person, if not continuous impact, how might all of a sudden 3 dead 1 injured? Relatives of the deceased also believes that the Supreme Court on the drunken driving can be punished for the crime of endangering public safety legislative intent, it is to punish drunk driving behavior. "At the time of vehicle speed in the end is how much? Du already dark at that time under the circumstances in the end there is no bright lights? How long in the end between the four children hit?" He asked the court to investigate the deceased's family strongly aware of this series problem. March 18, 2010, the court hearing the case a second time. After the court investigation, the presiding judge adjourned the trial. After 30 minutes, the court re-hearing, the presiding judge in court for sentencing: the defendant guilty Du traffic crime, sentenced to 7 years. The first hearing for the family of the deceased asked questions, the case the presiding judge, Chuzhou District People's Court Criminal Tribunal Pang Zhiyi a detailed explanation of why not to the crime of endangering public safety to Du conviction. said: DU although drunk driving, but the time and environmental point of view,louboutin femme, he was drinking at noon, afternoon,http://bbs.weilanhaian.com/home.php?mod=spacecp&ac=blog&blogid=, bathed, driving home in the evening; it was getting late, visibility is relatively low, after the accident, he has also taken Related measures emergency stop, alarms, etc., the full court after a hearing, finds that he can not intentionally or laissez-faire attitude towards harmful results. For the "continuous collision, open headlights or not, and the vehicle speed" issue raised by the families of victims, Pang Zhiyi explained that the courts have made these issues fully taken into account, but also the relevant evidence has been certified dead children found in close proximity, which is a continuous collision can not be identified, on the brakes and parking determine its orientation and other speed approximately "70 kilometers or so," and the light is very weak. According to the Conflict, lighter basic principles of criminal law, the existing evidence does not identify its intentional or laissez-faire, but to conclude that he was negligent attitude, and therefore given traffic crime is accurate. If Du did not take measures to continue driving accident, it reflects his back injury may have expected, still indulge, subjective state of mind is change, and that was guilty of endangering public safety. Codefendant different sentence controversial question After the court ruling, the community reacted strongly to the family of the deceased, the legal profession on the above verdict attitude differences. Families of the deceased that they can not recognize. Netizen "no fuss guy," said: "The same in Jiangsu Province, the case is almost identical, why the difference is so large verdict could not help feel ZhangMingBao injustice?." Netizen "Chihuahua", said: "drunk driving resulting in 3 dead 1 injured sentenced to seven years only, not the law out of the question, that is, the judges out of the question." Zhang Bao's defense lawyer, law firm of Jiangsu Dongheng Cao Chungang lawyer also believes that the social consequences arising from this decision will not be good. He worried that this verdict will have the chances to drive people:. "Drunken driving after the accident as long as the brakes, parking, alarm, would not face especially serious consequences" While Jiangsu's Code of law firm lawyers Zhang Liang Court finds that the charges are accurate. "Calm down analysis, Du true mind is too self-confident negligence, bad consequences does not change its nature he is a traffic accident perpetrators: drunk crashed with people, no escape after stopping the alarm, not intentionally the subjective state of mind, in line with the characteristics of traffic accident crime. " Nanjing University School of Law professor of Criminal Law, Criminology China Research Association, said Wang Jun, harmful consequences behavior is an important factor when sentencing court should consider, but not the only factor in the crime of endangering public safety and traffic crime of major difference is the subjective attitudes, crime of endangering public safety is a crime intentionally, but traffic crime is criminal negligence. Drunk driving accident only after a collision, immediately stop, unless there is sufficient evidence for the deliberate, negligent or only finds its subjective, is an accident, the Crime asserted. If the first collision accident continue to drive, continue to hit, that is, the subjective intent, constitute the crime of endangering public safety. Because the behavior of people drunk driving, serious consequences of a collision sufficient to recognize that the behavior of drunk driving is highly dangerous, likely to endanger the lives of others, but this is still indifferent, regardless of the vehicle pedestrian safety, continued car crash, the height of the lives of others in danger, with indirect intention of endangering public safety. Professor Wang Jun said that the upper limit traffic crime is seven years, in general, the court in the trial of casualties caused by drunk driving accident cases are in the top grid sentenced. In order to respect the lives of themselves and others, please do not drunk driving,http://forum.fineartprinter.de/activity/activity, drunk driving. Du Noon drink, why at 11 o'clock also detect blood alcohol content is still high, is drunk driving? How long before drinking and driving? According to the director of the Nanjing Gulou Hospital Center, Chief Physician Lu Desheng presentation, because there are different human liver metabolism and the body breaks down alcohol differences in the level of activity of enzymes, some 20 hours after the drink also contains a certain blood alcohol concentration, together with alcohol drink wine on different degrees, is still very difficult to have uniform standards for how long it takes to drive drunk. Drink-driving or engaging in high-altitude operations are more dangerous, it is recommended not to drive drunk within 12 hours. Du plot against drunk driving is bad, the social impact is extremely serious, and sentenced to seven years in control only of criminal law, such a sentence is not enough to appease the resentment, some legal scholars have suggested modifications "traffic crime" punishment to raise drunk driving, unlicensed driving and hit and run causing death by sentence, to combat, deter drunk driving, drunk driving offense category. 

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