Maserati crashed into BMW, 2 dead and 4 injured. The drunk driver was sentenced to life imprisonment. Why wasn't she sentenced to death?

Today is a remarkable day. Maserati's case of 2 deaths and 4 injuries when it hit BMW was finally pronounced.

The defendant Tan Mingming was sentenced to life imprisonment and deprived of political rights for life. Liu Songtao and Zhang Xiaoqu were sentenced to three years imprisonment and three years imprisonment respectively. Although the death penalty imposed on the female drunk driver did not meet the requirements of the victims' families and the public, the law was not lost, and the bad guys were finally punished.

This inhuman drunk driving accident can be traced back to July 3, 20 19. At about 7 o'clock that night, the three defendants had dinner in a barbecue shop, knowing that they could not drive after drinking. Tan Mingming is still arrogantly driving a Maserati SUV with a license plate of Yu NE5S55 to run amok on the road.

Maserati first scraped six cars parked on the side of the road, and then collided with an oncoming car and a parked car. After being forced to stop, Tan Mingming did not call the police or apologize to the owner who was hit. However, encouraged by Liu Songtao and Zhang Xiaoqu, he drove away by force.

As a result, when the vehicle fled to an intersection, it was too fast to rear-end the Henan N0 12L BMW, which was parked there waiting for the green light. The BMW car caught fire at that time. The fire came too suddenly and was extremely fierce, resulting in two deaths and one serious injury in the BMW. Tan Mingming and his companion Liu Songtao were also seriously injured for the second time because of the fierce rear-end collision.

Maserati's collision with BMW was a bad case with serious consequences. The families of the victims not only prefer not to pay compensation, but also insist that Tan Mingming pay for his life. Tan Mingming and his two companions have also been unanimously condemned by all walks of life.

In the trialNo. 1. 16 in 2020, Tan Ming pleaded guilty in court, cried and apologized to the victim's family and society, and knelt down to apologize. However, the families of the victims disagreed with mediation and strongly demanded that the three defendants be sentenced to death.

After a long period of mediation and trial, the families of the three victims and the three defendants reached a settlement on the part of civil compensation on1October 5165438+1October 6. When the case was decided in the first instance, Tan Mingming was sentenced to life imprisonment, the other two defendants were suspended for three years, and more than 6 million yuan was paid to the injured and 200 yuan was paid to the families of the two deceased.

As of today, the case has finally settled. Why didn't Tan Mingming get a life sentence? A lawyer on the Internet gave a professional explanation:

Generally speaking, conviction and sentencing are divided into two levels. First, according to the facts and nature of the crime, including the degree of harm to society. Then the court should also consider the discretionary circumstances of the criminal suspect. Normally speaking, it is how much material compensation the defendant can give to the victim's family.

Tan Mingming was accused of endangering public safety in a dangerous way.

According to Article 1 15 of the Criminal Law, Tan Mingming's punishment ranges from 10 to the death penalty. According to "Guiding Opinions of the Supreme People's Court on Sentencing for Ordinary Crimes", those who actively compensate the victims for their economic losses and gain understanding can be reduced by less than 40% on the basis of the basic punishment by comprehensively considering the nature of the crime, the amount of compensation, the compensation ability and the degree of confession and repentance.

Simply put, if the compensation is in place and recognized by the victim's family, the death penalty can be lightly sentenced according to law.