Those who died in a car accident after drinking and drunk the same drink must bear the liability for compensation

Correspondent Zhou Chao

Trial scene.

Recently, the Guanyin Beach Court of Qiyang County People's Court went to the Yejiajing Village Committee to conduct a trial case to recover the right of compensation.

The cause of the case dates back to 2018. After a classmate party, one of them died of a traffic accident in drunk driving. The family members of the deceased would include 9 participants, including the plaintiff Tang and the defendant Wang, to the court. Because the nine people participated in the party knew that there was a danger of driving after drinking, they failed to fulfill their reminders and discouragement obligations. There was a certain mistake. The court ruled that 9 people participated in the party to jointly bear 15%of the liability for compensation, totaling 93487.2 yuan. After the verdict came into effect, the plaintiff Tang paid more than 10,000 yuan in compensation for the defendant Wang, because Wang had not paid the compensation, and Tang complained to the court.

After accepting the case, the organizer learned that the defendant Wang had more than seventy year, suffered from heart disease, and was inconvenient to move, and the two parties were old classmates for many years. Tour trials. During the trial, the judge patiently distinguished the law, and the two sides finally shook hands and reached an agreement. The defendant would pay 5,000 yuan to the plaintiff and sign the mediation agreement under the court.

[Judge's saying] Friends and family meets with the law and abide by the law in a moderate civilization. The co -drinking people have a high degree of attention obligations due to the previous drinking behavior of drinking at the same table. If you have not fulfilled the obligations such as reasonable attention, dissuasion, care, escorting, active assistance, and notifying family members, banquet organizers, alcoholics and co -drinkers must bear civil liability for civil compensation, which constitutes criminal liability for crime.

In practice, the following four situations need to be responsible: 1. Compulsive persuasion, such as stimulating the other party to drink with language, or if the other party is drunk and unclear, still persuades them to drink; 2. Knowing that the other party cannot drink, he still persuades him to drink, such as knowing that the other party's physical condition is not good, and still persuade him to drink alcohol to induce diseases. When the consciousness is unclear and unable to dominate his own behavior, the winemates do not send it to the hospital or safely at home;

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