Persuaded Jun to do a cup of wine at the same table, you need to take responsibility for drinking at the same table

Author:Huanghua Court Time:2022.06.27

Coinciding with happy events, friends and relatives, and drinking smoothly, how can I want to cause tragedy. Recently, the Luqiao Court of Huanghua Court successfully mediation Li Mou's family members complained about Zhang, Wang, and others. During the handling of the case, Judge Liu Xiujie, the person in charge of Luqiao Court, used the advantages of the working mechanism of the judge to fully negotiate and communicate with the parties involved in the case and its company. This dispute was successfully resolved.

Basic case

The dispute was caused by a drunk driving and driving the driver to fall into the river. One night in April 2022, three people and other three were dining and drinking at a small restaurant near a chemical company. Wang and other three were dining and drinking at another table of the restaurant. Li also drank at the hotel. According to Li's family members, the defendant Zhang had a happy event and asked Li and others to dining and drinking. Because Zhang and Wang had colleagues in the two tables, the two tables of people toast each other during the drinking process. Li also mixed with Li. Mixed. After drinking, Li had fallen into the river during his own driving home. He died of invalid rescue. The ethanol content in the blood of Li Mou's blood was 161.15mg/100ml in the blood, which was drunk. Li's family members advocated that the defendants were involved in the co -drinking people with Li, and the defendants did not fulfill their obligations to control the deceased not to drink or drink after drinking. The result of death bears corresponding compensation liability.

Trial

After receiving the case, Judge Liu Xiujie consulted the case carefully and contacted the defendants as soon as possible. Drinking, the other defendants advocated that they did not drink with the deceased Li, so they refused to bear the responsibility of Li's death. The defendant Wang repeatedly emphasized that he and the deceased Li did not know each other during the investigation, and there was no possibility of drinking with him.

In order to find out the facts of the case and restore the truth of the case, Judge Liu Xiujie organized the defendant Zhang and the outsider Zhao (the production team leader of Zhang and others) to communicate, and led the judge assistant to the small restaurants of several people to visit a small restaurant to visit the field for field visits. investigation. After many investigations, it was confirmed that Li did drink with Zhang, Li and others that night. On the other hand, considering that the family members of the deceased are too excited, and have repeatedly went to the company where Zhang's "discussing", which affects the normal operation of the company, timely resolve disputes to soothe the family members of the deceased's family, and ensure that the normal production of the enterprise is imminent.

Judge Liu Xiujie took the initiative to communicate with the defendants and summarize the disadvantages of the case analysis. "You and Li are both friends. Now he has something like this. In love, we must do our best to do all the friendship of friends. After many telephone communication and interviews, the judge tried to promote the effective mediation opinions between the two parties. After many mediation, except for the defendant Wang, the other defendants recognized the mediation opinions made by the judge. The defendant Wang still insisted that he did not know the deceased Li and did not drink with Li. The mediation work is difficult to carry out smoothly. Considering that the defendant Wang is an employee of a company, and the company is a court judge contact work package company. Work, putting the facts, talking about the law, and arguing, in the end, Wang agreed to give the deceased Li a proper compensation.

Successful case

After many mediation, the defendants Zhang, Lu, Sun, Huang, and Cheng agreed to compensate the plaintiff 3,000 yuan each. The defendant Wang agreed to compensate the plaintiff 2,000 yuan. After the judge did communication, the defendants agreed to perform immediately. The case involved in the original defendant signed a mediation agreement in court in court. The defendants delivered the compensation to the plaintiff in person. At this point, the case was successfully completed.

【Judge Reminder】

The law stipulates that there is a safety attention obligation among the co -drinking people, especially if the other party has not discouraged the other party's driving behavior, if a traffic accident or personal damage occurs, the common drinking person may bear certain responsibilities. My relatives and relatives are happy to drink and make fun. Remember not to be greedy, and keep in mind that drinking and not driving, and driving after drunk driving must be discouraged in time. Do not let the tragedy happen.

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