Introduction of the case
Father fluke let minor son driving a motorcycle, unexpectedly hit and injured passers-by, pay a painful price. October 14, Shaanxi Province, Fu County People's Court pronounced a road traffic accident liability disputes, the perpetrator of Wang Muchuan's guardian (father) Wang Moubao was sentenced to the plaintiff Yue Mou to compensate for the costs of 87,791.12 yuan.
Trial
The court found that: the defendant wang mou bao's son wang mou chuan, born in January 1997, is a person with limited capacity for civil action. on December 7, 2012, the minor wang mou chuan driving his father wang mou bao's two-wheeled motorcycle, by the fuxian temple Xianjie to the neighboring villages, traveled to the plaintiff yue mou's orchard near the plaintiff, the plaintiff was hit and injured, resulting in a general traffic accident. After the accident, the plaintiff has been hospitalized in rich county people's hospital and yan university hospital, diagnosed as chronic subdural hematoma, cerebral white matter ischemia, fibula fracture, arrhythmia, *** spent 77,762.19 yuan in medical expenses, also found that the defendant mouchuan's father wang moubao has paid the plaintiff's medical expenses 16,170 yuan. By the rich county traffic police brigade accident certificate, the defendant WangMouChuan is responsible for the main responsibility of the accident, the plaintiff is responsible for secondary responsibility.
Court decision
The court held that the defendant Wang Mouchuan driving two-wheeled motorcycle without a license plate, the plaintiff was injured, resulting in traffic accidents, Fu County traffic police brigade of the accident, the procedure is correct, the responsibility of the division of the appropriate, the court shall be admitted. Because the defendant wang mouchuan is a person with limited capacity for civil behavior, so its liability by its guardian wang moubao according to law. The plaintiff in fuxian people's hospital, fuxian hospital of traditional Chinese medicine, hospitalized in yan university hospital for treatment of injury caused by the accident, the defendant wang mou bao should be compensated according to the corresponding proportion of tort liability. So in accordance with the provisions of the law, made the above judgment.
Knowledge related:
Criminal responsibility for traffic accidents
According to the provisions of article 133 of the criminal law, the crime of traffic accidents, three different levels of punishment (sentencing grade):
Commitment to the crime of traffic accidents, shall be sentenced to less than three years of fixed-term imprisonment or criminal detention. If a person flees after a traffic hit-and-run or has other particularly bad circumstances, he or she shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. If a person dies as a result of fleeing, he or she shall be sentenced to more than 7 years' imprisonment (a minority of those sentenced to 15 years).
Major Accident
1. Anyone who violates transportation regulations and causes a major accident that results in serious injury or death, or causes major damage to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
The so-called "major accidents", according to the "Interpretation" of Article 2, paragraph 1, refers to one of the following circumstances:
(1) the death of a person or serious injury to more than three people, responsible for the accident or the main responsibility;
(2) the death of more than three people, responsible for the accident equal Responsibility;
(3) cause direct loss of public **** property or property of others, the accident is wholly or mainly responsible for the inability to compensate for the amount of more than 300,000 yuan.
The Interpretation of Article 2, paragraph 2, provides that: traffic accidents causing serious injury to more than one person, is responsible for all or the main responsibility for the accident, and has one of the following circumstances, the crime of traffic accidents convicted and punished:
(1) drunkenness, driving a motor vehicle after taking drugs;
(2) driving a motor vehicle without a driving qualification;
(3) knowing that the Inadequate safety devices or safety parts failure of the motor vehicle and driving;
(4) knowingly driving a motor vehicle without a license plate or has been scrapped;
(5) serious overloading of the driver;
(6) in order to escape from the scene of the accident to avoid legal action.
Other particularly egregious circumstances
Other particularly egregious circumstances, refers to one of the following situations:
(1) more than two deaths or serious injuries to more than five people, is responsible for the accident or the main responsibility;
(2) deaths of more than six people, is responsible for the accident equally;
(3) cause direct damage to the public **** property or other people's property, is responsible for all or the main responsibility for the accident;
(3) cause direct damage to the property or other people's property, is responsible for all or the main responsibility for the accident. loss, is fully or mainly responsible for the accident, incapable of compensation amounting to more than 600,000 yuan.
According to Article 133 of the Criminal Law, a person who commits the crime of traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; a person who escapes from a transportation accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;
A person who kills another person as a result of escaping from a transportation accident shall be sentenced to fixed-term imprisonment of not less than seven years (a small number of people have been sentenced to 15 years).
Article 6 of the perpetrator of a traffic collision in order to avoid legal prosecution, the victim will be taken away from the scene of the accident after hiding or abandonment, resulting in the victim can not be rescued and death or serious disability, shall be in accordance with the provisions of Article 232 of the Penal Code, Article 234, paragraph 2, respectively, to the crime of intentional homicide or intentional injury convicted and punished.