Guangdong Henan BMW car accident The driver was referred to as "bait and switch"

   The driver was a"Steal the beams and pillars and replace them with rotten timbers"Judicial identification, said: considered Geng wave driver when sitting in the back row

 

            
              July 13th to 14, Geng wave suspected of crime of causing traffic casualties a criminal case in the Wolong district court, Geng Bo hope him not guilty verdict down quickly.
            
                                  Bail Geng Bo exercise in the company of his wife
            
                                   Scene 1

                       Scene 2

                Scene 3

                Is the rescue Geng Bo

              Healing of Ma Junhui

             Ma Junhui was rescued when the situation

       Geng Bo said, Guangdong Provincial Public Security Department, First impressions are strongest, in the absence of the conclusion of the investigation, the public security minister Geng Bo is a driver


                   Geng Bo said, Jiangmen traffic police First impressions are strongest, in the absence of investigation, will Geng Bo is released to the network driver

                         Http://www.jmjgj.gov.cn/class/news.asp? Action=show&id=7396

Guo QizhaoVenn diagram   

 

   More than a year ago, a breaking news "storm BMW out of controlHit the bus and three lives "are reported to occur in Guangdong Kaiyang Expressway Enping section of the major traffic accidents, the impressive.

   October 4, 2008 12 am, a car license plate for ABM888 prepared a black BMW SUV suddenly across the highway isolation belt, into the opposite lane, and the collision to driving a van and a bus, caused a major traffic accident 3 dead and 22 injured. Among them, the BMW car passengers, two people were killed, two injured.

   As for the National Day, and the car is a BMW car, so the serious traffic accident caused widespread concern in the relevant departments of the State Ministry of public security, Henan and Guangzhou two provinces and the vast majority of readers.

   After more than a year this month 13 days to 14 days, the people's Court of Enping City, Guangdong criminal part of this traffic accident case to trial. In this case, one of the two injured BMW car of Geng Bo, was charged with the crime of causing traffic casualties. Another victim of Ma Junhui as a witness, testify in court.

   On suspicion of the crime of causing traffic casualties of the defendant Geng wave injury healed, lower limb paralysis, incontinence, unable to walk, Guangdong Province People's Court of Enping City, so the humanization of trial mode, come to Henan Nanyang Wolong District People's court first trial court are different.

   During the trial, Geng Bo was the prosecution charges is the driver of the case, take full responsibility for the traffic accident, shall be prosecuted for criminal liability. But Geng wave excuse, he was wronged, no car, the car is Ma Junhui. At this time, the judicial identification book make an authoritative department identification book was submitted to the court, the case of traffic accident occurs, the BMW car of Geng Bo, Ma Junhui and so on 4 passengers riding position of judicial expertise, who is the driver to stick out a mile......

 

The prosecution: Geng wave is the driver of the vehicle, shall be investigated for criminal responsibility

 

   Eight thirty in the morning of July 13, 2010, Geng wave suspected of committing traffic accident crime case in Nanyang Wolong district court trial, the people's Procuratorate of Enping City Guangdong Province accused Geng wave ignore state laws, violation of traffic regulations, driving motor vehicle traffic accidents caused three deaths, their behavior has violated the criminal law, should be based on the traffic accident crime shall be prosecuted for criminal responsibility.

   The Geng Bo family was to use a wheelchair to the court case. Geng Bo, male, 32 years old, Henan Nanyang person, in November 18, 2008 because of this case is Guangdong Jiangmen City Public Security Bureau released on bail pending trial, in November 16, 2009 by the people's Court of Enping City, Guangdong Province, bail.

   The indictment says, in October 4, 2008 11 when make, Geng Bo of the accused person to drive and ABM888 plate mini bus, carrying the Han Mou, Zhang, Ma Junhui from the Kaiyang highway beam Jinshan service area of Kaiping City, by driving to Yangjiang direction. On the same day at twelve eight, Geng Bo of the accused person driving the vehicle way Kaiyang highway 49KM+600M section, road central separation guardrail collision over to the lane, and has Yangjiang city to Kaiping city traveling direction of Guangdong JY6691 brand light truck, Guangdong KP1108 plate of large passenger cars collide, causing damage to three vehicles, the victim, and Zhang Han Mou on the bus the sumou died on the spot, traffic accident Geng wave, Ma Junhui, 22 people were injured, identified by the traffic police department, full responsibility for the accident of the defendant Geng Bo negative.

   The public prosecutor to produce a 8 set of evidence, the confession and defense the defendant Geng Bo, Hu Yang, Ma Junhui; the 9 people such as Li Jun's testimony; vehicle inspection report inspection report; forensic medicine; traffic accident report; scene investigation records and photographs; extraction record samples Wuyi TCM Hospital; Guangdong and Enping Branch Hospital records.

   Public Security Traffic Management Bureau Expressway Jiangmen prosecutors submitted to the court of the three Brigade made "traffic accident" that, at the time of the accident, Geng Bo driving and ABM888 plate small passenger car accident, after inspection of the scene, Geng Bo driving a motor vehicle does not require the use of safety belt, driving a motor vehicle safety driving without specification according to the operation, in violation of the provisions "the people's Republic of China Road Traffic Safety Law", is the cause of the accident fault. Geng Bo bear the full responsibility of accident, Ma Junhui and other 26 per capita without responsibility.

   A record which is actually Geng wave admitted driving accident. This record about the time the public prosecutor to produce is second days after the accident in October 5, 2008 10 when 00 points to 15 points, if the person is Jiangmen City Public Security Traffic Management Bureau of high speed three brigade police Chen Weizhi, Zhang Yier 2 people. The record shows, the police asked: "who is driving a car accident?" Geng Bo replied: "I should be."

   The injured BMW car of Ma Junhui is that whether the Geng wave is an important witness to the driver, Ma Junhui to appear as a witness says, accident, is Geng wave car.

   Ma Junhui, male, 40 years old this year, Tanghe County, Nanyang City, when doing business in guangdong.

   According to Ma Junhui, October 4, 2008 morning 9 when, they should Jiangyang a elevator factory boss's invitation, the horse Junhui driving off-road BMW vehicle number plate and ABM888 starting from Guangzhou, Sha Ba Zhen Yangjiang city north to play, after Liang Jinshan to Kaiyang highway service area, Geng wave off to buy a few whole mineral water. About 11 pm, Geng Bo drove and drove cross-country car BMW ABM888 plate and leave the service area on the high-speed, Chaoyang river running direction. At this time, Ma Junhui sits in the copilot position, Han and his girlfriend Zhang sat in the second row, Han sitting on the right side, one sitting on the left.

   According to Ma Junhui, went to Yangjiang to visit a car, driven by Hu Yang, the car is one family Hu ocean. Hu Yang can also testify. Hu Yang, male, 33 years old, Wolong District of Nanyang city.

   According to Hu Yang, he and his family in 2008 October 1 days in Guangzhou, prior to September 29th, Han Mou and Zhang also came to Guangzhou. In October 4th, they decided to go visit Yangjiang city. Starting from Guangzhou, Ma Junhui driving off-road BMW vehicle number plate ABM888 Yu, Hu Yang drove Ma Junhui's car with his family behind. The beam of Jinshan area, Hu Yang's car with a little oil. Geng Bo driving and ABM888 license off-road BMW car to leave the service area, Ma Junhui sat in the front row on the right side driving, Han Mou and Zhang sat in the second row. Hu Yang adds oil, about thirty or forty km away from the service area of expressway guardrail rollover, found a car, immediately feel wrong, he beat them four personal phone, but the phone couldn't get through, just know later, Geng wave car accident.

    In addition, the prosecution also show the investigation organ extraction from skylights on the left side of the hair, the hair that is Geng wave; presented the September 8, 2009 Guangdong Enping Municipal People's Procuratorate Feng Shuyu to save Gunn wave doctor Li Jun's record of inquiry: "Geng Bo also said to me he is driving."

 

The defense: I am not the driver, Ma Junhui is the only driver

 

   "Ma Junhui, why do you accuse me? You look in my eyes!" On the court, Geng Bo saw Ma Junhui to testify, emotion, he took the stick at Ma Junhui barked: "are you open the car, why blame?"

   For the prosecution of the accused, Geng Bo and his lawyer Guangdong Wuyi Li Zhidou law firm, Henan Yihe law firms Xu Guozhang presented their opinions.

   Geng Bo and defense lawyers say, Geng Bo on the "traffic accident" may, once proposed reconsideration, and to the Jiangmen traffic police to submit the application for review "supplementary materials" 1, put forward 14 requirements identification, but the Jiangmen police department has not processed, Jiangmen traffic police department handling procedure illegal.

   Geng Bo and the lawyer said, Jiangmen City Public Security Traffic Management Bureau of high speed three brigade police Chen Weizhi, Zhang Yier in October 5, 2008 10 when 00 to 15 points in a "Jiangmen Wuyi Hospital of Traditional Chinese Medicine, I admit record of inquiry to drive yourself" is a false! Geng Bo said, at that time in the moderate coma he may not accept inquiry, also did not accept inquiries. But this time, the father of Geng Bo Geng Chunsheng was in hospital, also did not see them to ask notes.

   And the other a record volume of investigation shows, October 5, 2008 59 to eleven thirty, Zhang Yier within 120 kilometers of the Enping City People's hospital asked rescue Ma Junhui doctor huang. Two copies of transcripts of the time difference is only 44 minutes. The time between the two city road is under construction, more than 120 kilometers, including the city, town, 44 minutes, cannot achieve.

   Have a stake in Ma Junhui with the case, the evidence is not admissible. Hu Yang and Ma Junhui are friends, and in this case also interested. And the investigation files evidence, Hu Yang to the traffic police team to reflect the situation, had to go to the hospital to have seen Ma Junhui, two people suspected of collusion.

   In addition, a hair, even if that is Geng wave hair, in the crash of the car, also can't explain what.

   Almost the next year, the procuratorate to doctor Li Jun took a circumstantial evidence "Geng wave also said to me he is driving", also cannot prove Geng wave is the driver. First, the evidence should be in accordance with the law, by the investigation organ to take; second, when Li Jun said Geng Bo is "mild coma", and medical records show, when Geng Bo is moderate coma, explains that Li Jun told a lie. Even though Geng Bo had said that, moderate coma people say can not admissible.

    "The fact of the matter is how?" Geng Bo court statement the course of the incident.

2008 National Day, the Public Security Bureau police Han Nanyang city should be Ma Junhui's invitation, carrying his girlfriend Zhang to Guangzhou on vacation. During the period, Han Mou repeatedly invited Geng Bo to. Because the Geng wave in September 12th after excimer correction operation, on sick leave, they refuse to go. Han Mou to Guangdong, again invite Geng Bo, and in the Guangdong to Geng Boding a ticket from Nanyang to Guangzhou. In desperation, Geng wave on the night of October 1st in Guangzhou. In October 2nd, because the eye tears, not to itch unbearable, Geng Bo in the Department of Ophthalmology of Guangzhou Zhongshan medical emergency center. In October 4th, Geng Bo and Han, Han's girlfriend Zhang, with Ma Junhui by Yu ABM888 off-road BMW vehicle license plate. Starting from Guangzhou, South Korea and a drive, Zhang in the passenger seat seat, Ma Junhui sat in the back left, Geng Bo sits at the back right side. Ma Junhui's friend Hu Yang drove behind.

   About running 100 kilometers to a service area, Geng Bo bought 4 whole mineral water and sat back in the rear right side, and the drinking water is inserted in the copilot seat bag. At this time, Ma Junhui and Han a transposition, Ma Junhui drive, Han sat in the back left, and put his feet to the copilot seat girlfriend Zhang legs, let the massage. At that time, Geng Bo and Zhang transposition, Han said: "don't mess, right now." At this time, Hu Yang also drove to the service area gas, our car was gone, the car after the service, Geng Bo fell asleep. Know nothing at all about what happened, when I woke up, has been lying in a hospital. After that, we take the car crashed into a guardrail after the middle into the other lane, has collided with the two car, turn 180 degrees to the right turn on the ground. Geng Bo and Zhang was thrown out of the car, Han in the back seat of death, Ma Junhui was rescued in the front row.

     Geng Bo said, the injured site of Ma Junhui are on the left side of the body, in line with the basic characteristics of the driver injured. Evidence, Ma Junhui was rescued when the posture is: "the head cushion vice cab seat, with both feet on the front windshield". The state is the vehicle to right side turned from the cab dropped into the cab and the formation of vice.

 

 

Debate: who is driving

 

  The trial process for a whole two days, both sides is reasonable and that the public, both said that the right woman, came the following focus.

 

One of the focus, the steering wheel and other parts of the fingerprint should be extracted, whether it should be all collected

 

   The prosecution said, on the spot for serious investigation, carried out a careful inspection of important evidence, the investigating authorities and the public prosecutor to review all the files, that Geng wave criminal facts are clear, evidence really fully, should take the traffic accident crime shall be prosecuted for criminal responsibility.

   Geng Bo and his defense lawyer thinks, the fingerprint on the steering wheel is found direct evidence for the driver of the vehicle, according to the scene picture display, the steering wheel is sleeved with a plastic sleeve is smooth, the investigation organ shall have no extraction extraction and identification. Fingerprint key position, the hand brake lever, brake pedal, pedal footprints were not extraction and identification. If the identification result of these key parts of the fingerprint and passengers a contrast, who is the driver, it is clear.

In addition, the airbag is also prove who is the important evidence the driver of the vehicle, the airbag on the steering wheel, the airbag opened, the force will be the driver's face and chest, identification of the airbag is very important. But according to examine the scene photos and the court found that, when the accident occurred, the airbag cab is already open, but I do not know when, the airbag has been cut off, still have no the investigation organ the whereabouts of the airbag and why not the airbag identified explanation.

After the incident, 5 to the cab of blood, the investigation organ four hair samples from 9 to. But somehow, 9 samples identified only 4, the rest 5 were not identified, which is identified in the cab driver from No. 8 hair without identification. In violation of the provisions of evidence in death penalty cases "" about "investigators, prosecutors, judges shall strictly comply with the statutory procedures, comprehensive and objective collection, review, verify and confirm the evidence" rules.

 

The focus of the two, and how Geng Bo's injury form? He is from where was out of the car

 

   The prosecution said, the investigation organ that, after the accident, four doors and ABM888 license off-road BMW cars are not open, "Geng Bo is turned to the right in the Henan ABM888 off-road BMW vehicle number plate, throw or crawl out from the roof".

    This view was defense against.

  Geng Bo and his defense counsel argued that, at the time of the accident, the car on the right side of the two doors are open, sitting on the right side, position of Geng Bo and Zhang are from the open door was flung out right.

   First, according to the Guangdong KP1108 plate large bus driver Feng Linfeng confirmed, after the collision, the car up to a man and a woman, the man fell in the passing lane, the woman fell in the main driveway. People in the car is moving in the direction of his right out. Obviously, was thrown out on Geng Bo and Zhang, were thrown from the right door.

  Secondly, photo and video display, when the accident happened, all BMW car right anterior, the back door with the friction with the ground traces. The built-in trim panels on the right back off on the scene. The right front, back door has opened.

   Thirdly, the prosecution provided medical, forensic report shows, Geng wave waist 1 vertebral burst fracture, the 3-10 rib fracture. The cab, the windshield in the accident are intact. The incident occurred not Geng wave in the cab, Geng Bo injuries that he sat in the back seat right, the injury is serious, BMW car tail collision caused by variant, depression.

  Fourthly, according to the photos displayed before death, Zhang eyes wide, a pair of extreme panic like, take in everything in a glance that Zhang in the right front seat. Therefore, this also behoove to exclude the right front seat is Ma Junhui.

  Fifth, Geng Bo not from the skylight thrown or climb out. Geng Bo height 1.83 meters, weight 90 kg, and the dead Han Mou legs are extended from the skylight, how could Geng Bo through the roof? Geng Bo was severing waist bone, double lower limbs breaks down, and to climb out? Even the Geng wave from through the skylight, the skylight and Geng Bo then, why did not leave any scratch marks and stains?

 

The focus of the three cases, the investigation organ is First impressions are strongest, engage in guilty verdict

 

   Geng Bo two piece of evidence submitted to the court, as early as October 4, 2008 day, Jiangmen traffic police are not careful investigation of this accident, hasty as Geng Bo is the driver.

   A material that is downloaded from the "Jingmen traffic police information network", the title is "Kaiyang highway three car crash killed three people". In October 4, 2008, the Department published date, chief of the Jiangmen Municipal Public Security Bureau Traffic Management Bureau of the Propaganda Department Su Wei super.

   The article said: "October 4th, Geng Yu ABM8XX, driving small passenger vehicle 3 people along the Kaiyang highway Guangzhou to Yangjiang direction...... The accident caused 2 passengers and ABM8XX small passenger car (1 male and 1 female) and Guangdong No. KP11XX bus with 1 passengers (female) a total of 3 people died on the spot......"

   Another material from the "Guangdong Public Security Information Bulletin", entitled "Jiangmen city" 10.4 "serious traffic accident report", the article said: "in October 4th, Jiangmen City Kaiyang Expressway sections with 3 people dead, 2 people injured, 4 people were slightly injured in the accident, the scene of the accident investigation and the questioning of witnesses, the basic situation of the accident were identified: 4 at 12 pm, the driver Geng Bo, male, 30 years old, driving a black BMW car (Yu ABM888), from Guangzhou travel to Yangjiang direction......"
   This article from the command center, the provincial public security department issued by the Guangdong, Guangdong Province public security bureau leader Zhong Yi man. Submitted to the Ministry of public security unit: members of the Party committee, commission for Discipline Inspection, inspectors, chief of Political Department, bureau, seventeen, informed the Public Security Bureau of Henan province. Issue date: October 4, 2008.

Geng Bo's lawyer thinks, the investigation organ to do so, is First impressions are strongest, engage in the presumption of guilt. For this statement, the prosecution did not answer.

 

Identification: Ma Junhui drive Geng Bo sat back

 

   Geng Bo and other personnel when riding position, Geng Bo and Zhang is how to be thrown out of the car, is to determine whether the Geng wave is a key driver of the. According to Geng Bo, a year ago, Geng Bo repeatedly to the investigation organ, the organ for the judicial authentication, but it has not yet been approved. In desperation, Geng Bo through the Henan Yihe law firm commissioned Heilongjiang Junbo traffic accident judicial identification center, judicial appraisal to be Geng wave and Zhang riding position in the car and two people left out of the bus.

   According to the Heilongjiang Junbo traffic accident judicial identification center Yin Lichun said, the judicial identification by granted Jiangmen city traffic police department, the identification method based on "inspection" traffic accident evidence to the accident vehicle traces of investigation, and according to the traffic accident scene features: such as collision vehicle after the shift, damage location and degree, vehicles and personnel left in the road marks and debris, casualty damage position and formation mechanism, such as road conditions, the mechanics and the theory of forensic science, factors related to the accident analysis of comprehensive reasoning, thus confirming the Geng Bo, Zhang in the car ride the position and two people how left out.

   The judicial appraisal analysis thinks, this accident is a typical complex on the highway of a car and car crash led to the deaths, injuries and vehicles damaged serious traffic accident.

   When the accident occurred, and ABM888 grade off-road BMW vehicle across the middle of the road barrier, the left front wheel in contact with the road, on the right side of engine compartment lining the front bumper, hood front edge Guangdong brand JY6691 light truck left box body contact scraping in Guangdong JY6691 card, light truck scraping effect of vehicle anti clockwise rotation. Then the Guangdong KP1108 plate large passenger front and Yu ABM888 grades off-road BMW vehicle right rear corner contact impact, resulting in Henan ABM888 grades off-road BMW cars produce clockwise rotation and turning on the right side of the vehicle door to the right, this process is open, the car seat right members will be left out.

According to the car of four members of the injury combined with vehicle trace can judge Geng Bo for the car rear right seat member, Zhang for the car front right seat members; Han Mou and left the body of Ma Junhui there is a common injury: 1, left frontoparietal have injury. 2, swelling of the left arm, left humerus fracture of the. 3, the left leg had lesions. The two who were left in the position in vehicle ride. Ma Junhui turned to the right in the vehicle, the rescuer helped out of the front windshield of the vehicle, the personnel should be in the front row position.

   Expert opinion: according to the client's site map, site photos and car all members injury report, combined with vehicle trace and deformation, identified Geng Bo as the car rear right seat member, Zhang for the car front right seat members.

   Hear the identification results, sitting at the banquet of the accused person Geng wave and parents, participate in the meeting of Geng Bo's wife was have mixed feelings, the court.

   Geng Bo's lawyer said: "the defendant Geng Bo is not the car driver, Geng Bo does not constitute the crime of traffic accident, the people's court to urge evidence as the basis, take the law as the criterion, to find out the facts, Geng wave sentenced innocent, also Geng wave."

  On July 14th afternoon 8 when, the court did not sentence, the judge announced an adjournment.