Female driver drunk and trapped electric vehicles and dragged the wounded, lawyer: maximum or 7 years of criminal penalties

Jimu Journalist Zhan Yan

On the night of September 2, Loudi, Hunan. A female driver drove a motor vehicle to rear -end electric vehicles after drinking. During the escape, he dragged the electric vehicle driver until he was intercepted by the traffic police. The driver is currently being detained by the public security organs. Some lawyers analyzed that motor vehicle drivers had illegal acts such as suspected escape and drunk driving motor vehicles, and may face a maximum of 7 years in prison.

Female driver drunk and dragged the wounded by the injury to be detained

On September 4th, the Hunan Loudi Traffic Police Detachment issued a police report: At 23:52 on September 2, Xiao Moumou (female, 28 years old) drove a Xiang K brand car in the east gate of Zhuoshan Park, Jixing Road, Louxing District When the location was driving from south to north, he collided with a second -wheeled electric vehicle driving with Xie Mou (female, 36 years old) in front. Xie Mou's clothes were stuck into the left front corner of the car.

Screenshot of Police Report (source: WeChat public account of Loudi Traffic Police Detachment)

Later, Xiao Moumou escaped the scene, causing Xie to be dragged by the vehicle, and was intercepted by the traffic police on duty. The traffic police on duty immediately controlled Xiao Moumou, immediately sent Xie Mou to the hospital for treatment, while conducting on -site investigation and inspection. After identification, Xiao Moumou drove a motor vehicle after drunk (alcohol content 124.51mg/100ml).

At present, the suspect Xiao Moumou has been criminally detained by the public security organs in accordance with the law for suspected traffic accidents. The medical institution is doing his best to treat the wounded Xie Mou, and his life signs are stable. The case is under investigation.

Loudi Traffic Police also wrote in the report that drunk drunk driving is a serious traffic violations, reminding the public to consciously resist and actively discourage the drunk driving of illegal criminal behavior, so as not to drink and drink without driving.

Lawyer: The highest or 7 -year prison

Yang Caiguang, a lawyer of Liaoning Changxin Law Firm, believes that in this case, the car driver has a variety of illegal acts such as traffic accidents and driving motor vehicles.

"After the driver Xiao Moumou had a traffic accident, it should be parked in time and implemented a treatment or hit 120 to the wounded." Yang Caiguang believed that in this case, not only did Xiao Mou not implement the aforementioned behavior, but instead drove the vehicle to escape and thank Xie Moumou being dragged. The circumstances are bad and should be responsible for all responsibilities.

The scene of the accident (source: network)

In addition, from the driver Xiao Moumou's drag behavior, it is necessary to judge its subjective motivation. If you want to thank Moumou's death after a traffic accident, it may constitute the crime of intentional homicide. At present, from the police announcement, Xiao Moumou's crime of traffic accidents shows that the driver Xiao Moumou did not intentionally kill him.

According to Article 133 of the Criminal Law, those who are drunk driving motor vehicles shall be punished by dangerous driving guilty, detained and fined. At present, Xiao Moumou's alcohol content that the police has announced and confirmed that it is drunk driving, and his behavior has constituted a dangerous driving crime. In addition, Xiao Moumou's driving behavior has constituted a traffic accident. Filter crimes are punished for crime of traffic accidents. Xiao Moumou's escape and dragging behavior, drunk driving behavior, and Xie Moumou's injury (disability level) will all be a sentencing circumstances for the crime of traffic accidents.

Yang Caiguang said that according to the judicial interpretation of the traffic accident, those who escaped after the traffic accident or other particularly bad circumstances were sentenced to three years of imprisonment for three years and seven years; those who died due to escape were sentenced to more than seven years in prison. In this case, the injured person's life signs stable and did not die. Therefore, driver Xiao Moumou may be sentenced to seven years in prison.

Lan Tianbin, a partner of Jiangsu Faide Dongheng Law Firm, basically holds the same view. Lan Tianbin believes that according to the "Criminal Law", violating the regulations of transportation management, which has occurred in major accidents, causing serious injuries, death or public and private property suffering majority. If the loss is less than three years of imprisonment or detention; the escape after the traffic accident or other particularly harsh circumstances will be in prison for three years and seven years. In this incident, the perpetrator drove a motor vehicle after drinking, and escaped after the accident.

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