A 28-year-old teacher couple was both hit and killed. Who was more at fault, the platform or the driver?

This question is like a person killing someone with a knife. Is the person who killed the person more responsible, or the person who provided the knife? The person who committed the murder must be given a heavy sentence. Does the person who provided the knife have any responsibility? If the person who provided the knife had prior knowledge, he must also bear corresponding responsibilities. One is the mastermind and the other is an accomplice. It can be seen that the platform that provides car-sharing is obviously not even an accomplice. There is no doubt that the driver responsible for the accident must be more responsible than the platform.

After one year and two months of suffering, the families of both parties finally waited for the court to pronounce the verdict. But the result was not comfort, but dissatisfaction and disappointment after suffering.

The general story of the accident is as follows. Due to improper operation, the defendant Hu Mouying drove the car *** and rushed onto the sidewalk and hit pedestrians Zhao Rongrong and Li Jian head-on. The victim Li Jian died on the spot and the victim Zhao Rongrong He died after his injuries failed to save him.

The court’s verdict was that the defendant Hu Mouying was guilty of traffic accident and sentenced to four years in prison. What is the basis for the judgment? The driver Hu is fully responsible. According to relevant laws and regulations, if he commits the crime of causing a traffic accident and is fully or mainly responsible for the accident, if one person dies or three or more people are seriously injured, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

The verdict mentioned that the defendant Hu Mouying truthfully confessed his crime after arriving at the case and pleaded guilty in court. The family members compensated him for part of the financial losses of the victim's family, so he was given a lighter punishment as appropriate. The families of victims Li Jian and Zhao Rongrong disagreed with this statement.

1. The victim Hu Mouying did not make a truthful confession. For example, when Hu Mouying confessed, she said that the speed of her car at that time was about 30-40 yards. According to the judicial appraisal of the case, Hu Mouying's speed at the time of the accident was 71.9 yards. Hu Mouying was seriously speeding at that time. Speeding on city streets is another illegal act.

2. The victim’s safety awareness is weak. The injured party's lawyer said that Hu had illegal overtaking behavior and had 200 degrees of myopia, but he drove without glasses and with one hand only four months after obtaining his driver's license. The author believes that although it was not intentional homicide, it should still be classified as manslaughter.

3. The perpetrator’s family members went their own way in terms of financial compensation

The victim’s family said that the perpetrator Hu Mouying’s family never offered to pay related expenses, such as medical expenses and funeral expenses. Fees and so on. After many communications from the traffic police, each family was given 24,000 yuan in funeral expenses, and they paid in two installments only after repeated urging. During the rescue process, Zhao Rongrong's medical expenses were paid by his family members themselves, and the medical expenses of more than 70,000 yuan were paid only after repeated demands and negotiations.

If the above is true, it is a manifestation of covering up the crime, disrespecting the deceased, avoiding the important and neglecting the trivial, and showing no intention of repenting for the crime. Can this kind of behavior be forgiven? The sentence cannot be reduced, but the crime must be increased.

In fact, in traffic accident crimes, in addition to being sentenced, the only thing that can compensate the victim's family is financial compensation, and the law also has corresponding economic compensation standards. For example, funeral expenses are based on the location of the court where the lawsuit is filed. The annual average monthly salary standard for employees is calculated based on the total for six months. Zhao Rongrong and Li Jian are both teachers at Xiamen University. According to their salary, tens of thousands of yuan cannot meet the compensation standard. In addition, there are also the mental damages for the two families who lost their only child. In addition, plus the cost of training two master's students, how many tens of thousands of yuan can it cost? Hundreds of thousands is not too much.

Therefore, in addition to Hu being sentenced to four years in prison, the court should sentence the perpetrator to more financial compensation to the two families who lost their only child.

After we have clarified the responsibilities that the perpetrator should bear, we will answer the next question. The reason why the platform in question has to take responsibility is because the platform that provides exclusive cars has not obtained a license for leasing business. It can be said that it is an illegal operation. After the accident, the company was fined 30,000 yuan by the law enforcement department. This is also The cap for such fines in the industry has been reached.

This shows that the platform was responsible for the accident at this time, and the financial penalty of 30,000 yuan was far lower than the penalty received by the offending party.

After hearing the court’s verdict, Li Jian’s parents held their heads and cried. ?In the past year, we have never received any comfort or apology from the perpetrator, not even a text message or a phone call. ?The victim told reporters in disappointment. On that day, many family members of Hu Mouying appeared in court, but no one came to say hello or say a word of comfort.

How could this give him a lighter sentence? We are not convinced. ?, this is what the victims say most often. Perhaps what they are dissatisfied with is the indifferent attitude of the perpetrator's family. After all, no amount of compensation can save the lives of two young children, nor can it make up for the loss of four elderly people who have lived for more than 20 years. After all the hard work they put into raising their children, the four elderly people who lost their only child will only have endless thoughts to accompany them for the rest of their lives.

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