The Paper's reporter Tan Jun
The woman Che Mousha called for a car to move through the cargo Lala, and died of serious injuries in a crash on the way to the car, and zhou Yangchun, the driver of the cargo Lala who received the order, was convicted of negligence and caused death in the first instance, and was sentenced to a suspended sentence, which caused widespread concern.
On September 27, the surging news (www.thepaper.cn) exclusively disclosed the news that Zhou Yangchun, a driver of the goods, had filed an appeal. On October 27, Zhou Yangchun's wife publicly posted on Weibo that her husband was dissatisfied with the first-instance judgment and entrusted a lawyer to participate in the second-instance trial, hoping that the Changsha Intermediate Court would find out the facts and return his innocence.
On October 27, Zhou Yangchun's second-instance trial lawyer He Zhijuan introduced that she had previously submitted relevant procedures to the Changsha Intermediate Court, due to the postponement of the trip due to the epidemic, she arrived in Changsha the night before, and has now copied all the case files, and then she will carry out in-depth and meticulous file reading and will submit a series of applications to the court.
He Zhijuan said that his main focus of attention includes what faults Zhou Yangchun had in this case, whether there was a criminal law causal relationship between these faults and Che Mousha's fall; whether Che Mousha actively jumped out of the car or accidentally crashed; whether Zhou Yangchun could foresee and avoid Che Mousha's crash. In addition, because Zhou Yangchun proposed that the public security had induced him to confess during the investigation stage, the lawyer would also apply for the exclusion of illegal evidence.
Crash within 1 minute
According to the Changsha police report, at about 15:00 on February 6, Zhou Yangchun received a moving order from Che Mousha through the lala platform, and at 20:38 on the same day, Zhou Yangchun got in touch with Che Mousha. On the way to the car, Che Mousha fell seriously and finally died. According to the first-instance judgment, Zhou Yangchun received a moving order from Che Mousha through the lala platform, transporting goods from Tianyi Meiting in Yuelu District, Changsha City, to BBK Meixi Lake International Apartment, a distance of 9 kilometers, the user prepaid the fare of 39 yuan, the platform subsidy of 12 yuan, and the driver should charge 51 yuan.
On October 27, the lawyer and Zhou Yangchun rented a vehicle with the same amount from Lala to review the case
After the two sides got in touch, Zhou Yangchun and other cars carried items and pet dogs from the mezzanine on the 1st floor to the truck 15 times, which took nearly 40 minutes. During the handling process, Che Mousha rejected Zhou Yangchun's paid handling proposal. At 21:14 on the same day, Zhou Yangchun took the car Mousha to the destination, and during the car trip, Zhou Yangchun did not follow the recommended route of the lala platform. At 21:29, Zhou Yangchun turned right from Jiayuan Road to Linyu Road and continued to drive west on Linyu Road. Zhou Yangchun first ignored it, and then replied loudly to Che Mousha in a very heavy tone, saying that the detour would not be charged more.
When Zhou Yangchun turned left from Linyu Road to Quyuan Road, Che Mousha reminded Zhou Yangchun of the yaw for the third time, but Zhou Yangchun did not answer. Subsequently, in the middle of Quyuan Road, where there were few vehicles and dim street lights, Che Mousha reminded him to deviate from the navigation for the fourth time, and stuck his head out of the window to ask Zhou Yangchun to stop.
At this time, Zhou Yangchun still ignored it. After that, Zhou Yangchun found that Che Mousha's body left the seat, and he grabbed the lower edge of the right window of the truck with both hands, and his upper body had already protruded out of the car. At that time, the speed was about 33 km / h. Seeing this situation, Zhou Yangchun only turned on the double flashing lights, and did not immediately stop to stop and effectively reduce the speed. Subsequently, Zhou Yangchun observed the situation in the passenger seat and found that Che Mousha had fallen from the window. At this time, Zhou Yangchun braked and stopped, and the time was about 21:30 on the same day.
From the time Che Mousha first proposed yaw to its crash, it took only 1 minute.
He was convicted of causing death by negligence in the first instance
The surging news noted that the crash of Che Mousha occurred on February 6. On the night of the incident, Zhou Yangchun was questioned by the public security organs, but no compulsory measures were taken. On February 10, Che Mousha died after ineffective rescue, and after identification, Che Mousha died of severe head injury caused by the collision of his head with the ground. Subsequently, Che Mousha's family sought help from public opinion. Because Lala was unable to provide audio and video evidence on the car, the fall of Che Mousha became a suspicious case. The topic "23-year-old girl jumped out of the window on the freight cart and died" was read by 1.48 billion people on Weibo.
On February 23, public security organs criminally detained Zhou Yangchun on suspicion of causing death by negligence; on March 3, the procuratorate approved his arrest.
On September 10, the Yuelu District Court held a first-instance trial of the case and pronounced a verdict on the spot: Zhou Yangchun committed the crime of causing death by negligence and was sentenced to one year in prison with one year's probation.
The court held that "Zhou Yangchun, as a contracted driver of Lala Company, was dissatisfied after waiting for the loading time and the two proposed fee handling services were rejected." It violated the safety rules of the platform, did not remind Che Mousha to fasten the seat belt, and had a bad attitude in the transportation service, repeatedly ignoring Che Mousha's opinion of opposing yawing, driving to a more remote section, causing Che Mousha to be afraid and leave the seat and lean out of the window. After Zhou Yangchun discovered Che Mousha's dangerous behavior, he had foreseen that Che Mousha might crash, but credulously believed that it could be avoided, and did not take effective measures in time to cause the harmful result of Che Mousha's death. There is a criminal law causal relationship between Zhou Yangchun's negligent behavior and the result of Che Mousha's death, and his behavior has constituted the crime of causing death by negligence. ”
Driver Zhou Yangchun: Isolated from the outside world before returning home, I don't know the facts of the case
The Paper previously reported that before the first-instance trial of the Yuelu Court, Zhou Yangchun signed a plea letter, agreed to the procuratorate's sentencing recommendation of "one sentence and one suspension", and pleaded guilty in court during the first-instance trial. Subsequently, Zhou Yangchun was released in court.
Zhou Yangchun later appealed, he told the surging news, after receiving the verdict, he felt that some of it was different from his previous statement, the most important thing is that he did not expect That Che Mousha would "jump out of the car".
Why is there such a shift? On October 27, Zhou Yangchun explained to The Paper: "Since I was arrested, I have been isolated from the outside world until I was released and returned home on the day of the first trial judgment, and I did not understand the development of the case. ”
The Paper previously reported that Zhou Yangchun's wife had repeatedly posted on Weibo asking for the replacement of Zhou Yangchun's legal aid lawyer.
At the beginning of the first-instance trial, Zhou Yangchun's two legal aid lawyers conducted a light defense and a not-guilty defense respectively. On October 27, Zhou Yangchun tried unsuccessfully to contact his first-instance trial lawyer and copy his defense of innocence.
Zhou Yangchun said the police concealed key evidence in his favor. "From February 6 to March 10, I made a total of 40 or 50 records, but the police only selected a few of them to put in the case file, especially the record made between February 6 and 8, which can truthfully reflect the real case, but none of them are included."
Zhou Yangchun stressed that Che Mousha crashed only 1 minute from the time he proposed yawing, and from the time he found That Che Mousha's body leaned out of the window to the crash, it was only 3 seconds. "In an instant, I didn't have time to think about it, let alone react."
In response to Zhou Yangchun's above statement, Zhou Yangchun's wife provided a recording saying that the case-handling personnel had responded. Regarding the legal aid lawyer, the case officer said, "You ask yourself whether the legal aid lawyer was hired by himself, or whether we grabbed his hand and wrote it (agreed)." The case-handling officer said, "There are audio and video recordings throughout the process." We talk only about facts, not about anything else. What happens in the car is not what you want to say, but respect the objective facts. Zhou Yangchun's wife told the surging news that the public security organs had previously gone to his hometown in Yiyang to find his mother to "do work", and the case-handling personnel responded that it only showed that negligent crimes were different from intentional crimes, and were completely different in political trials and other aspects.
"In short, the core key to this case is that Che Mousha only had two or three seconds from reaching out to jumping out of the car, and I still don't know why she jumped out of the car." Zhou Yangchun said that he hoped that the Intermediate Court would find out the facts and return his innocence.
Editor-in-Charge: Cui Xuan
Proofreader: Ding Xiao