Lawyer

Chapter 514 My heart trembled

"Did you stop and come down and check?" the inspector asked.

"No, I didn't see anyone in the rearview mirror at the time, so I thought it was on a brick or stone." Zhao Gang said.

"Have you ever thought about why there are bricks or stones on the roads in the city? Is this common when you are transporting muck?" the inspector asked.

"I didn't think about it. During the process of transporting muck, sometimes we loaded too much, and the tarpaulin was not covered tightly, and stones or bricks would fall on the road. For this matter, our convoy was punished several times. " Zhao Gang argued.

"Where did you go after that?" the inspector asked, dissatisfied with Zhao Gang's answer.

"I'll go to the construction site to continue pulling the muck," Zhao Gang said.

"When did you find out your car hit someone?" the inspector asked.

"I came out of the construction site after loading the muck, and found that there were many traffic policemen at the intersection, and a human figure was drawn on the ground with blood. I parked the car on the side of the road, got out of the car and looked at the tires behind Steyr, and found bloodstains... ..." Zhao Gang said.

"What did you do after that?" the inspector asked.

"I called the team leader and told him that I might have hit someone. Then I went to the Traffic Management Bureau to surrender." Zhao Gang said.

"Why didn't you ask the traffic police at the scene of the crime to surrender?" the prosecutor asked.

"I saw people crying at the scene. I was afraid of being beaten, so I went to the traffic team." Zhao Gang said.

"Have you been working as a driver since you joined the current fleet? What did you do before?" the inspector asked.

"I have been working as a truck driver in the team. Before I joined the team, I had driven trucks for other companies and individuals." Zhao Gang said.

"How many years have you been working as a van and truck driver?" the inspector asked.

"More than six years." Zhao Gang said.

"Judge, the public prosecutor has finished questioning." The prosecutor looked at the presiding judge and said.

"Defendant Zhao Gang's defender can question the defendant," said the presiding judge.

"Defendant, did you violate traffic rules when you drove through the intersection?" Fang Yi asked.

"No, I was turning right at that time, and I was driving according to traffic rules." Zhao Gang said.

"You just said that at that time you felt the body of the car bouncing, and then you didn't find anything in the rearview mirror, and then you left. What did you think at that time?" Fang Yi asked.

"That place is an intersection, and parking is not allowed. I was afraid of being punished for violating traffic rules. In addition, I didn't find anything unusual, and I was in a hurry to go to the construction site to collect dirt, so I didn't stop." Zhao Gang said.

"Presiding judge, the defender's questioning is over," Fang Yi said.

……

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

Let the prosecutor speak first. " said the presiding judge.

"Presiding judge, judge: The public prosecutor believes that the defendant Zhao Gang, on the day of the case, drove a Steyr truck to transport the muck and passed the intersection where the incident occurred, and did not fulfill the duty of care that a truck driver should have, causing the victim He died on the spot, then drove away from the scene and escaped. His behavior has constituted the crime of causing a traffic accident.

In view of the fact that the defendant Zhao Gang had hit-and-run behavior, surrendered himself after the incident, and actively compensated the victim's losses, we recommend that the defendant be sentenced to three years in prison. " said the inspector.

Although Fang Yi told Zhao Gang before that the procuratorate might recommend that the court sentence him to three to seven years in prison, when the prosecutor announced the proposed sentence, Zhao Gang still trembled in his heart. Hit and run!

Later, with the permission of the presiding judge, Zhao Gang defended himself. What he said was the old set of words, pleaded guilty and accepted punishment, but he did not approve of the escape.

"Defendant Zhao Gang's defender, express his defense opinion." The presiding judge said.

"The presiding judge and the judges: the defender believes that the defendant Zhao Gang constituted a crime of causing a traffic accident, but there is no aggravating punishment for fleeing after the accident. The reasons are as follows:
According to Article 2000 of the Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents issued by the Supreme Court (Fa Shi [33] No. After the crime of causing an accident, the act of fleeing in order to evade legal investigation.It can be seen from this that the establishment of a "traffic hit and run" must meet the following elements at the same time:
[-]. The perpetrator must constitute the crime of causing a traffic accident.

The perpetrator's traffic accident behavior must have one of the conditions stipulated in the first paragraph of Article [-] of the above interpretation and the provisions of Items ([-]) to ([-]) of Article [-] Paragraph [-] ([-]), that is, the crime of causing a traffic accident must first be constituted.

Judging from the evidence in the case, the defender believes that the defendant, Zhao Gang, drove a car in a traffic accident, resulting in the death of the victim, and he took full responsibility, and his behavior constituted a crime of causing a traffic accident.

Second, the perpetrator must escape for the purpose of evading legal responsibility.

In practice, there are various reasons and purposes for the perpetrator to leave the scene after the accident. Some are to evade legal responsibility, some are temporarily escaping for fear of reprisals from relatives of the victim, and some may be on the way to surrender or rescue the injured.

The reason why Article [-] of the above interpretation emphasizes that escape is the subjective purpose of evading legal investigation is to distinguish the appeal situation.

The defendant in this case, Zhao Gang, did not find the victim at the time of the incident, nor did he realize that he had bumped into the victim. When he left the scene of the accident, he did not know that he had caused the accident.After he finished loading the muck and drove the car out of the construction site, he found the police investigation scene at the intersection (the scene of the crime). Only then did he think that he might have hit someone. In fact, he is still not sure whether he really hit someone.

It can be seen from this that after the accident, Zhao Gang did not know that he had hit someone, and he continued to go to the construction site to pull dirt, and he did not intend to evade legal investigation.

In addition, in reality, after the traffic accident, the relatives of the victim, because of impulsive impulse, sometimes take revenge such as beating the perpetrator.Under such circumstances, the defendant in this case chose to leave the scene and surrender to the traffic management department, which is in line with the logic of ordinary people's thinking and should not be regarded as escape.

To sum up, the defender believed that although the defendant constituted a crime of causing a traffic accident, his behavior of leaving the scene was not to evade legal sanctions, and should not be characterized as escape after a traffic accident.In view of the fact that the defendant voluntarily surrendered after the incident and actively compensated the economic losses of the victim's relatives, his punishment should be reduced. The defender suggested that the defendant should be sentenced to one year in prison.complete. "Fang Yi said.

"The public prosecutor can respond to the defense opinions issued by the defender." The presiding judge said.

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(End of this chapter)