Is the case of 20 10.8.29 in Xiangyang City, Hubei Province true?

On August 29th, 20 10, a traffic accident happened on Dengcheng Avenue in Xiangyang. The driver, Guo Chengcheng, driving without a license, was drunk and speeding, and a family of four were killed (see this newspaper reported on August 30th last year).

Recently, the court of Xiangyang High-tech Zone sentenced Guo Chengcheng to "3 probation 5". This judgment has aroused widespread concern on the Internet. Many posts think that the sentence is too light.

More interestingly, the post also said: "On July 13, the Guo family gave a big banquet and proudly declared,' We got our son out without spending a penny!'" " "

What is the basis of sentencing by the court? Does the word "triumph" exist? Yesterday, the reporter investigated this.

Online posts

Caused netizens to question.

In July this year, a post entitled "Judgment of a family of four killed in a traffic accident: 3 to 5 years" and Weibo were constantly reprinted on Tianya, Maopu and Sina Weibo.

The post also pointed out: 13 July, Guo Chengcheng's family held a big banquet at home and proudly said, "We got our son out without spending a penny! Lu's parents and in-laws have gone to the grave for more than a year to visit their dead children and granddaughters. They are heartbroken. "

The reporter came to Guo Chengcheng's home in Dengcheng Village, Tuanshan Town yesterday. Guo and his father said that there was no banquet on July 13, but a day or two before that, Chengcheng Guo's children celebrated their birthdays. On that day, Guo's in-laws and other relatives came.

In response to the "triumph", Guo Chengcheng said that "there is no such thing." After the accident, their family regretted that it was too late to say such things.

Guo Chengcheng said that he will visit the families of the victims in the near future, hoping to comfort them and seek their understanding.

Case playback

A family of four were all killed.

20 10 on August 29th, the second group of horses in Dengcheng Village, Tuanshan Town, High-tech Zone celebrated their birthday at home. At 2 o'clock in the afternoon, the eldest son-in-law Lu Jing went home with his wife and two daughters by motorcycle after attending the birthday party.

At 2: 45 pm, Lu Jing was walking to the intersection of rural service road and Dengcheng Avenue when he was knocked down by a car driving in a non-motorized vehicle lane, killing all four of his family.

When hearing the traffic accident case, the High-tech Zone Court quoted the investigation of the traffic police department as saying: At the time of the incident, Guo Cheng, the driver of the car, became driving without a license, drunk and speeding; Lu Jing drunk driving, motorcycle overload. None of the other three people in the car were wearing helmets.

The traffic police department determined that Guo Chengcheng was mainly responsible for the accident, and Lu Jing was secondary to the accident.

Judges introduction

The victim's family demanded a lighter sentence.

Yesterday, the High-tech Zone Court presented criminal judgment of the case to the reporter. The judgment was made on July 4 this year.

Jiao Jingping, president of the criminal court of the High-tech Zone Court, told the reporter that when hearing the criminal part of the case, the victim's family never filed an incidental civil lawsuit, but repeatedly asked Guo Chengcheng to compensate for economic losses.

After more than 20 mediations by the court, Guo Chengcheng agreed to pay the victim's family another 250,000 yuan on the basis of the burial fee of 48,000 yuan.

On June 27, after receiving compensation of 250,000 yuan, the families of four victims submitted a "Understanding Material" to the court in writing.

The material wrote: We reached a mediation agreement with the defendant Guo Chengcheng, and Guo Chengcheng compensated the four victims for 250,000 yuan. We understand the traffic accident in Chengcheng Guo and ask the court to give it a lighter punishment and a suspended sentence. However, the four old people still retain the right to take civil proceedings against Guo Chengcheng and other responsible persons. Chengcheng Guo's current compensation can be deducted from the compensation amount determined in another civil litigation judgment.

Family view

Just dissatisfied with the compensation.

Because I volunteered to be sentenced to probation, the families of the victims who spread online were dissatisfied with the verdict. What's going on here?

Yesterday, the reporter came to Shipo Village, Tuanshan Town, Hi-tech Zone, and found Lu Jing's father Lu Dezhi. He said that "knowing the material" was submitted by them. After his son's family died, they were all in pain, but people can't come back to life after death. His greatest wish is that the other party can actively give economic compensation.

Lu Dezhi said that many traffic accidents face difficulties in paying compensation. The court has done a lot of work for this mediation, and he thanked the court for its work.

At the same time, he believes that the court helped them win economic compensation, and he can accept this judgment, but he is not satisfied with the amount of compensation.

Ma, the father-in-law of the deceased, is 65 years old and still works in an enterprise on Songhe West Road. Yesterday afternoon 1 point, the reporter found the old man in this enterprise.

His expected amount of compensation is 550,000. He said that the four old people are old and are counting on the money to support their old age.

The high-tech zone court said that if the victim's family is dissatisfied with the compensation, they can still file a civil lawsuit with the court.

Du Xiaobing, the lawyer of the victim's family, said that they had filed a civil lawsuit and continued to claim compensation from Guo Chengcheng and the relevant responsible persons.

interconnection

What is the basis of "three to five years"

Court: Appropriate sentencing and accurate conviction

In view of the high-tech zone court's "sentence of 3 suspended sentences and 5 suspended sentences" to Guo Chengcheng (sentenced to 3 years' imprisonment and 5 years' probation), the post thinks that the sentence is extremely light.

Jiao Jingping, president of the first criminal court of the hospital, said that according to China's criminal law and related judicial interpretations, Guo Chengcheng committed traffic accidents and should be sentenced within three to seven years.

Because Guo Chengcheng is a negligent crime, he has a good attitude of repentance and actively compensates the victim's family for economic losses. Three years' imprisonment is appropriate. According to Guo Chengcheng's repentance, his execution was suspended in accordance with the provisions of Article 72 of the Criminal Law of People's Republic of China (PRC).

In addition, the victim's family submitted "Understanding Materials" and asked the court to sentence Guo to probation. This is also one of the considerations.

In view of the above reasons, Jiao Jingping believes that the conviction of the court in this case is accurate and the sentence is appropriate.

Article 72 of the Criminal Law of People's Republic of China (PRC):

A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if, according to the criminal's criminal circumstances and repentance, he no longer endangers society.