With the rapid development of social economy, the number of motor vehicles and drivers on the road is growing rapidly. However, some traffic participants lack sufficient knowledge of safe travel, which brings huge hidden dangers to traffic safety. When motor vehicles, especially freight vehicles, exceed the load limit of the vehicle, the braking distance will become longer and the danger will be greatly increased. Serious overloading will lead to overload of tires and deformation of vehicles, which may lead to serious accidents such as tire bursts and brake failures, posing a major risk to traffic safety.
Facts of the case ○
The owner instructed the driver to overload the brakes and cause trouble A light stake truck knew that the nuclear load was 1.5 tons, but the owner Liu Moumou sought more benefits in order to "Dora Run", and usually arranged the driver Fan Moumou to transport goods at about 10 tons per trip, with an average overload rate of more than 500%.
On July 28, 2022, Fan Moumou drove a truck carrying 12 tons of goods and embarked on a trip, with an overload rate of 700%. At about 15:10 on the same day, the truck was seriously overloaded and the driver Fan Moumou operated improperly, resulting in brake failure, unable to control the speed, and collided head-on with the rear of the light truck driven by Chen. The light truck that was hit had a second collision, hit the central isolation guardrail of the highway and rolled over into the green belt, causing the co-driver Jin Moumou to be thrown out and die on the spot, Chen Moumou was injured, and the vehicle and road administration facilities were damaged.
After review, the People's Procuratorate of Zhongzhan District, Jiaozuo City, prosecuted the owner Liu Moumou and the driver Fan Moumou for the crime of causing a traffic accident. After trial, the district people's court sentenced defendant Liu XX and defendant Fan XX to one year and one month imprisonment respectively for the crime of causing a traffic accident.
Image source network
Do a good job of the "second half" article with heart and affection
After the accident, the owner of the truck, Liu Moumou, and the driver, Fan Moumou, only paid a small amount of funeral expenses to the victim due to economic constraints, and the victim was the only labor force in the family, resulting in urgent difficulties in family life. After learning about the situation, the prosecutor of the Zhongzhan District Procuratorate who undertook the case promptly handed over the clues to the Third Procuratorate Department of the procuratorate, and the Third Procuratorial Department promptly contacted the victim after receiving the clues, and after review, the applicant's situation belonged to the situation where the procuratorate gave state judicial assistance, and decided to give the victim's family a state judicial aid fund of 10,000 yuan.
Use cases to explain the law and build a strong line of defense for the masses to drive safely
In order to ensure that the legal effect and social effect of the case are unified, the Zhongzhan District Procuratorate assigned prosecutors to go to the jurisdiction of Zhongzhan District, combined with cases such as dangerous driving and traffic accidents, to explain the law and traffic safety laws for the passing public, and publicize the harm and legal punishment provisions of serious traffic violations such as overloading and overcrowding, drunk driving, etc., especially the constitutive elements, social harm, and application of law for dangerous driving crimes and traffic accidents. Remind the masses to attach great importance to it ideologically, earnestly abide by traffic laws and regulations, resist traffic violations such as drunk driving, and avoid road traffic accidents from the source.
Prosecutor's statement ○
The weight of the truck itself is large, and when the overload is overloaded, the pressure on the whole vehicle is much higher than normal, which will greatly weaken its own safety performance and easily cause traffic accidents. In this case, Liu, as the owner of the car, instructed Fan to seriously overload the vehicle several times, and then caused a traffic accident, according to Article 7 of the "Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents", it is a situation of instructing others to drive in violation of regulations and causing a major traffic accident, so Liu's conduct should be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law of the People's Republic of China in accordance with the crime of causing traffic accidents. It is hoped that every driver and owner will take responsibility for traffic safety, abide by traffic rules, take the case as a reference, and jointly create a safe and orderly road traffic environment.
Links to legal provisions
Article 133 of the Criminal Law: Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
(Correspondents: Lin Yingying, Wang Ling, Li Shaohao)
Share Favorite12
Copy and search to share the collection and underline
People draw lines