Lawyer's character

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

"No, I didn't see anyone in the rearview mirror at that time, so I thought they were pressed against bricks or stones," Zhao Gang said.

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

"I never thought about it. When we were transporting slag, sometimes we loaded too much and the tarpaulin was not tightly covered, and stones or bricks would fall on the road. Because of this, our team was punished several times. " Zhao Gang argued.

"Where did you go after that?" The prosecutor was very dissatisfied with Zhao Gang's answer and asked.

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

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

"I came out of the construction site after loading the dirt and found a lot of traffic police at the intersection. There was a human figure drawn on the ground with blood. I parked the car on the side of the road, got out and looked at the tire behind Steyr, and found blood stains... ..." Zhao Gang said.

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

"I called the team leader and told him that I might have hit someone. Then I went to the traffic control bureau to surrender," Zhao Gang said.

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

"I saw someone 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 joining your current fleet? What did you do before?" the prosecutor asked.

"I have been working as a truck driver in the fleet. Before joining the company, I drove trucks for other companies and individuals," Zhao Gang said.

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

"More than six years." Zhao Gang said.

"Presiding judge, the prosecutor has finished asking questions." The prosecutor looked at the presiding judge and said.

"Defendant Zhao Gang's defender can ask questions to the defendant." the presiding judge said.

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

"No, I turned right at that time and followed the traffic rules." Zhao Gang said.

"You just said that you felt the car jolt, and then you didn't notice anything in the rearview mirror, and then you left. What were you thinking at the time?" Fang Yi asked.

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

"Presiding judge, the defender has finished asking questions." Fang Yi said.

…

“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

The prosecutor will speak first. "The chief judge said.

"Presiding Judge, Judge: The prosecutor believes that the defendant Zhao Gang drove a Steyr truck through the intersection where the incident occurred on the day of the incident while transporting waste, and failed to fulfill the duty of care due to a truck driver, resulting in the death of the victim. He died on the spot, then drove away from the scene and escaped. His behavior constituted the crime of traffic accident.

In view of the fact that the defendant Zhao Gang committed hit-and-run behavior, surrendered himself afterwards, and actively compensated the victim for his losses, we recommend that the defendant be sentenced to three years in prison. "The prosecutor said.

Although Fang Yi had told Zhao Gang before that the procuratorate might recommend that the court sentence him to a fixed-term imprisonment of three to seven years, when the prosecutor said the recommended sentence, Zhao Gang still trembled in his heart. He felt that he was unjust. How could it be done? Got into a hit and run!

Subsequently, with the permission of the presiding judge, Zhao Gang defended himself. He said the same words as before, pleading guilty and accepting punishment, but he did not admit that he escaped.

"Defendant Zhao Gang's defender expressed his defense opinion," the presiding judge said.

"Presiding Judge, Judge: The defender believes that the defendant Zhao Gang committed the crime of traffic accident, but there is no aggravating circumstance of hit-and-run. The reasons are as follows:

According to Article 3 of the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents" (Fa Interpretation [2000] No. 33) issued by the Supreme People's Court, it can be seen that escape after a traffic accident refers to a traffic accident that constitutes a traffic accident. The act of running away to avoid legal prosecution after committing a crime. It can be seen from this that the following elements must be met to establish "traffic hit and run":

1. The perpetrator must commit the crime of causing a traffic accident.

The perpetrator's traffic accident behavior must meet one of the circumstances specified in Article 2, Paragraph 1 and Article 2, Paragraph 2, Items (1) to (5) of the above interpretation, that is, it must first constitute the crime of traffic accident.

Judging from the evidence in the case, the defender believes that the defendant Zhao Gang was involved in a traffic accident while driving, resulting in the death of the victim, and he bears full responsibility. His behavior constituted the crime of traffic accident.

2. The perpetrator must flee for the purpose of evading legal liability.

In practice, there are various reasons and purposes for perpetrators to leave the scene after an accident. Some are to evade legal liability, some are temporarily hiding out of fear of retaliation from the victim's relatives, and some may be surrendering or on the way to rescue the injured, etc.

The reason why Article 3 of the above explanation emphasizes the subjective purpose of escape is to avoid legal investigation is to distinguish appeal situations.

The defendant in this case, Zhao Gang, did not notice the victim at the time of the incident, nor did he realize that he had hit the victim. When he left the scene of the accident, he was not sure that he had caused an accident. After he loaded the dirt and drove the car out of the construction site, he found the police investigating the scene at the intersection (the scene of the crime). Only then did he think that he might have hit someone. In fact, he was still not sure whether he had actually hit someone.

It can be seen that after the accident, Zhao Gang did not know that he had hit someone. He continued to haul dirt at the construction site and had no intention of evading legal prosecution.

In addition, in reality, after a traffic accident, the victim's relatives often beat the perpetrator and other retaliatory acts due to their impulsive impulse. 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 thinking logic of ordinary people and should not be regarded as an escape.

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

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

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