According to a previous report by Red Star News, at 17:38 on September 7, 2019, a shared car that suddenly crashed into the sidewalk killed a couple of teachers and couples of Xiamen University. (Previously reported: "Xiamen University teacher couple was knocked down by a shared car and died The driver who caused the accident is a novice, and the platform party is not responsible?") 》）
After the police investigation, it was found that at the time of the incident, The 23-year-old man who caused the accident, Hu Mouying, had been receiving a driver's license for less than 5 months, and did not paste the internship sign on the back of the car, and was fully responsible. The "Mofan Travel" belonging to the vehicle that caused the accident is a brand of Huaxia Travel Co., Ltd., which did not have a car rental business license at the time of the incident, and the vehicle itself did not have a lease certificate, which was a non-operating vehicle in Xiamen.
Accident scene
On November 9, 2020, the Huli District People's Court of Xiamen City, Fujian Province, found driver Hu Mouying guilty of traffic accidents in the first instance and sentenced him to four years in prison. Regarding the results of the first-instance trial, both the parents of the deceased Li Jian and Zhao Rongrong were not satisfied and filed a protest with the Huli District People's Procuratorate of Xiamen City.
The engaged couple was killed by a crash on their way home
The driver who committed the accident was sentenced to four years in prison in the first instance for turning himself in
"Since our daughter died, we have fallen into the abyss, and it hurts so much." The car accident crushed two families, and the four elderly people fell into great pain.
Zhao Rongrong's mother said that her daughter and Li Jian were classmates of Xiamen University as graduate students, in love for four years, before the accident, the two had just been engaged, and the families of both sides were preparing to buy a marriage house for the young couple.
A young couple who died in an accident
Red Star News previously reported that Li Jian is a teacher at the School of Humanities of Xiamen University, and Zhao Rongrong is a teacher at Jiageng College of Xiamen University. On the day of the incident, the two went to the Xiamen Red Dot Design Museum to watch the exhibition, and then walked home. When they reached the vicinity of the no. 1 entrance of Yuanxiang Freight Station, a small car with the logo "Mofan Travel" printed on its body rushed onto the sidewalk, knocking Li Jian and Zhao Rongrong to the ground. The accident caused Li Jian to die on the spot, Zhao Rongrong was seriously injured, and later died after rescue was ineffective.
According to the "Road Traffic Accident Identification Certificate" issued by the Huli Brigade of the Traffic Police Detachment of the Xiamen Municipal Public Security Bureau, the man who caused the accident, Hu Mouying, was 23 years old and had obtained a driver's license less than 5 months ago at the time of the incident, and did not post the internship sign. On the same day, Hu Mouying held the steering wheel with his left hand to drive the vehicle, and due to improper operation, the vehicle lost control and rushed into the sidewalk, resulting in an accident. In this accident, Li Jian and Zhao Rongrong were not responsible, and Hu Mouying was fully responsible.
Relevant Road Traffic Accident Certificate (Partial)
According to the "Judicial Appraisal Opinion" issued by the Judicial Appraisal Center of Xiamen University of Technology provided by Zhao Rongrong's mother, during the driving process of the vehicle that caused the accident, when driving in the direction of Li Jian and Zhao Rongrong, the vehicle accelerated, and the speed calculated by the appraisal opinion increased from 59.2km/h to 66.3km/h, and the speed to the accident point was 71.9km/h.
On November 9, 2020, the Huli District People's Court of Xiamen City, Fujian Province, found driver Hu Mouying guilty of traffic accidents in the first instance and sentenced him to four years in prison.
According to the verdict provided by Zhao Rongrong's mother, the Red Star News reporter saw that the court held that Hu Mouying violated the traffic management regulations, caused the death of the two people in a major traffic accident, and was fully responsible for the accident, and there were other particularly bad circumstances, and his behavior had constituted the crime of traffic accident. However, at the same time, the court held that Hu Mouying voluntarily surrendered after committing a crime, truthfully confessed, and surrendered voluntarily, and was given a lenient punishment. His family compensated some of the economic losses of the family of the second victim on his behalf (the judgment shows that Hu Mouying's family paid Zhao Rongrong more than 70,000 yuan for medical expenses, 24,000 yuan for food and lodging for Zhao Rongrong's family, and 24,000 yuan for Li Jian's family accident handling fees), and may also be given a lighter punishment as appropriate.
Judgment (partial)
The parents of Li Jian and Zhao Rongrong were not satisfied with the verdict and submitted an application for a counter-appeal to the Huli District People's Procuratorate of Xiamen City.
The family questioned whether the driver who caused the accident had truthfully confessed
An application for a counter-appeal has been filed with the Prosecution
According to the application for counter-appeal provided by the parents of both of the deceased, the parents of both sides mainly raised objections to whether the driver who caused the accident truthfully confessed. Zhao Rongrong's mother's lawyer argued that in this case, after the defendant Hu Mouying was arrested, he did not "truthfully confess" his crime, nor did he "truthfully confess" his main criminal situation, which cannot be regarded as voluntary surrender.
Zhao Rongrong's mother's lawyer said that 8 points in Hu's confession were inconsistent with the actual situation, including not stating the facts to the police when he first called the police. The lawyer said that the police receipt at that time showed that the content of the alarm was that the shared car and the electric vehicle were scraped, and then Hu Mouying overturned this statement in court; Hu Mouying mentioned in the record that the speed of the car at the time of the incident was 30km/h to 40km/h, which was inconsistent with the "59.2km/h to 71.9km/h" measured in the judicial opinion; in addition, the lawyer said that some witnesses claimed that the accident car had the intention to overtake at the time of the incident, but the court did not accept it.
In the "Judicial Appraisal Opinion" issued by the Judicial Appraisal Center of Xiamen University of Technology, the speed of the vehicle involved in the accident should be 59.2km/h to 71.9km/h
In addition, the judgment held that Hu Mouying's family compensated Li Jian and Zhao Rongrong's family for part of the economic losses, which was identified as one of the bases for the lenient judgment. In this regard, Zhao Rongrong's mother explained to the Red Star News reporter that the actual situation is that after Zhao Rongrong was in xiamen Traditional Chinese Medicine Hospital until his death, Hu Fang had 4 circumstances and behaviors of refusing to pay and not paying, and the medical expenses were all advanced by Zhao Rongrong's relatives. Zhao Rongrong's mother's lawyer also said, "After many consultations, under the repeated urging of Zhao Rongrong's relatives, the perpetrator's family later paid the medical expenses." ”
At the same time, Zhao Rongrong's mother's lawyer believes that according to the "Judicial Appraisal Opinion", Hu Mouying's speed at the time of the accident was 71.9km/h, "there is no speed limit standard for that section of the road, according to the "Road Traffic Safety Law Implementation Regulations", such an urban road speed limit should be 30km/h, the driver who caused the accident was already seriously speeding at that time, and he said that he had myopia, and drove without glasses and drove with one hand at the time of the accident." ”
Relatives pay tribute to Li Jian and Zhao Rongrong
"From beginning to end, the four elderly people did not feel the apology of the driver's family, and even at the beginning they were unwilling to pay the funeral expenses, which were paid under the constant supervision of the police." The 24,000 room and board fees paid to us by the driver's family became the reason for the lenient punishment, but two young lives were deprived, and four elderly people fell into the abyss. How can 24,000 of this make up for it? ”
Red Star News reporter Shen Xingyi provided a picture by the interviewee
Edited by Li Binbin
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