With the release of the traffic accident identification book, the Yu Yuexian incident finally has the following!
From August 9, after Yu Yuexian's unfortunate death in Alxa due to a car accident, for up to 76 days, we have been waiting for the voice of the relevant departments, because the car accident is too bizarre, the four people in the car, only Yu Yuexian who sat in the back row and wore a seat belt died, after the incident, the three survivors on the car almost disappeared from the world, never spoke up, and no reporter interviewed, finally, on October 23, Zhang Xuesong, that is, Yu Yuexian's husband, spoke out through his personal social account, saying that the traffic accident identification book came out. The driver is fully responsible!
The driver is fully responsible, which is expected by us, because as early as the day of the incident, the traffic police department officially announced the cause of the car accident: the speed was too fast, and the camel was hit!
But what about after the driver is fully responsible? How is the specific liability imposed?
You know, the driver Guo Moulong is not hired by Yu Yuexian, nor is he driving a profitable vehicle, but an employee of a dairy company in Ningxia, and the boss sent him to pick up Yu Yuexian, which belongs to the traffic accident that occurred during the work, after the incident, the employer is to bear certain responsibilities!
Just now, a professional lawyer in Beijing issued the following views on the Yu Yuexian incident:
According to article 133 of the Criminal Law and Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases involving Traffic Accidents, a person whose death or serious injury to three or more persons is caused by a traffic accident and bears full or main responsibility for the accident shall constitute the crime of traffic accident and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. According to Article 1191 of the Civil Code, if the employee of the employer causes damage to others due to the performance of work tasks, the employer shall bear the tort liability. After the employer bears the tort liability, it may recover compensation from the staff member who has intentional or gross negligence. In this case, if the driver has a traffic accident while performing his duties, the driver's unit should be listed as the subject of compensation, that is, he should bear the liability for compensation!
To summarize briefly, the driver Guo Moulong has constituted the crime of traffic accidents, and should be sentenced to fixed-term imprisonment of less than three years or criminal detention, in terms of specific compensation, the driver is in a traffic accident when performing his duties, and the employer must bear the liability for compensation!
In addition, the use of a single person to bear the liability for compensation, this does not mean that the driver Guo Moulong does not have to spend a penny, on the contrary, if the employer can prove that the driver deliberately drove a fast car, fatigue driving or drunk driving and caused the car accident, it can be held accountable to the driver!
Therefore, what is waiting for the driver Guo Moulong is a fixed-term imprisonment of less than three years, as for specific compensation, we wait for the official announcement of the relevant departments!