On the evening of March 14, 2021, on the streets of Songyuan City, Jilin Province, a Mazda sedan suddenly accelerated towards a pair of men and women on foot, the woman was knocked down and her head was crushed, and the man was not hit in time for evasion.
The man and woman are divorced and are preparing to remarry. The man said that the ex-wife's ex-boyfriend, who drove the person, did not want to see the two remarry, and wanted to "kill them".
Recently, the first-instance judgment of the case was made public. Xiaoxiang Morning News (weChat: xxcbbaoliao) reporter noticed that the identity of liu mou, the bumper, was strange, as an "ex-boyfriend", but the gender was marked with a woman.
Liu's mother told the truth, "Liu is my daughter, and later became a man after sex reassignment surgery, and we only knew about it at home after Liu's surgery, but Liu's household registration also showed that she was a woman and did not change her gender." ”
The "man" hit someone with a drunk car due to an emotional dispute
The judgment shows that at 21:00 on March 14, 2021, Liu Mou had an emotional dispute with the victim, Ms. Wang, and after learning that Ms. Wang and her ex-husband were having dinner in Ningjiang District, Songyuan City, drunk driving a car and carrying a kitchen knife and wallpaper knife to a barbecue restaurant, he was stopped by Ms. Wang's relatives when he wanted to hurt Ms. Wang's ex-husband. The staff of the construction police station of the Ningjiang Second Branch of the Songyuan Municipal Public Security Bureau rushed to the scene, criticized and educated Liu, confiscated the kitchen knife and left. Subsequently, Liu entered the barbecue restaurant again with a wallpaper knife and was once again beaten by Ms. Wang's relatives and friends. After that, Liu mou waited in the car outside the store for Ms. Wang and others to come out.
At about 22:00 that night, Ms. Wang and her ex-husband came out of a barbecue shop and walked home, Liu Mou saw the idea of killing people and drove behind, suddenly accelerated and crashed into the two, knocking Ms. Wang to the ground, and causing the right front wheel and right rear wheel of her car to crush Ms. Wang's head, and Ms. Wang's ex-husband was not hit because of timely dodging. Liu saw the situation, turned the vehicle around and crashed into Ms. Wang's ex-husband again, but did not succeed because the other party dodged.
In the process of driving and hitting people, Liu crashed three vehicles parked nearby, and the loss value was equivalent to more than 14,000 yuan. After the incident, Liu fled the scene by car and was later arrested by the public security organs.
Identified by songyuan municipal public security forensic appraisal center: Liu's blood ethanol content is 174.12mg/100ml; by Songyuan public security forensic appraisal center: Ms. Wang's traumatic subarachnoid hemorrhage, constituting a minor injury of the second degree; left humeral surgical neck fracture, constituting a minor injury of the first degree; the degree of temporal top injury constitutes a minor injury of the second degree; the degree of injury of the face injury, eye contusion, and left sieve bone rectal fracture constitutes a minor injury.
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Court: His conduct constituted intentional homicide and dangerous driving, respectively
Ms. Wang's ex-husband mentioned in his testimony that he and Ms. Wang divorced in March 2016 and wanted to remarry. Liu mou is Ms. Wang's "boyfriend" after divorce, but the two have been separated for more than 2 months.
He believes that Liu Mou deliberately wants to bump into people. "Liu Mou did not want to see us remarry, the car was directly running to us, when he drove the accelerator very large, the car engine was whistling, we were already very close to the side of the road, normal driving was not so driving, and when he talked to me on the phone before, he also said that he was going to kill me."
The verdict shows that the "ex-boyfriend" in the mouth of Ms. Wang's ex-husband is a woman. Liu's mother said, "Liu is my daughter, and later did sex reassignment surgery to become a man, Liu mou after the operation we only knew at home, but Liu Mou's household registration also showed that it was a woman, did not change gender." ”
The reporter noticed that Liu had confessed that he watched Ms. Wang and her ex-husband walk together, very angry, and drove the car towards the two people with one foot on the accelerator, "At that time, I only knew that I hit someone, but I didn't know who I hit specifically." However, during the review and prosecution stage, Liu changed his mouth, saying that he just wanted to "scare them" and did not want to kill people.
The Ningjiang District People's Court of Songyuan City held in the first instance that the parts that corroborated each other, such as witness testimony, Liu's confession during the investigation stage, expert opinions on the speed of the car, and audio-visual materials at the scene of the crime, were sufficient to confirm that Liu had a subjective intention to deprive others of their lives, and his conduct met the elements of the crime of intentional homicide and constituted the crime of intentional homicide. Liu's confession and alcohol test report are sufficient to confirm that Liu deliberately drove to the restaurant where the two were eating after drinking heavily, in order to find Ms. Wang and others to quarrel and commit murder, and his behavior violated social public safety and the national traffic management order, which has constituted the constituent elements of the crime of dangerous driving, constituting the crime of dangerous driving, and should be punished together with the crime of intentional homicide.
Liu deliberately and illegally deprived others of their lives, and caused serious consequences of three minor injuries and three minor injuries to one person; driving a motor vehicle drunk on the road constituted the crime of intentional homicide and dangerous driving, respectively. In view of the fact that defendant Liu has already begun to commit a crime and has not succeeded due to reasons other than his will, it is an attempt and should be given a lenient punishment in accordance with law.
The first instance judgment convicted Liu of intentional homicide and sentenced him to 11 years' imprisonment; for the crime of dangerous driving, he was sentenced to three months' detention and fined 2,000 yuan, and decided to carry out the fixed-term imprisonment for 11 years and fined 2,000 yuan.
Xiaoxiang Morning News reporter Zhou Lingru