Criminal judgment

                         (2010) the real criminal at the beginning of the word no. 441st

The prosecution of people's Procuratorate of Fangshan District Beijing city.

The defendant Li Mou, male, 40 years old (born in October 29, 1970), the Han nationality, farmers, culture of junior high school was born in Baoding City, Hebei Province, on suspicion of committing traffic accident crime, was detained in July 17, 2010, in August 10th the same year was arrested. Now in custody in Beijing city Fangshan District detention center.

Defender Liu Xueyong, Beijing City mid-term lawyer.

Beijing Fangshan District people's Procuratorate in Beijing real examination of criminal procedure (2010) No. 398 the indictment accused the defendant Li made traffic accident crime, in 2010 21 September, this court prosecution. This court formed a collegiate bench, held a public hearing of the case. Beijing Fangshan District people's Procuratorate assigned inspector Zhang Guoqing public prosecution in court, the defendant and the defendant li Liu Xueyong to participate in the litigation, has now been finalized.

Find out the trial, the defendant Li in July 17, 2010 12 when make, driving the "gold" brand of medium bus (license number: E28160 in Beijing, by Li Zhichou et al) running from west to east to Beijing Fangshan District Zhou Zhang Lu Cai Jia Kou Cun, because overtaking into the left side of the Road, there is a certain high driving "Yamaha." two wheel motorcycle license (license number: Hebei JM7914), while TSAY YUDIY (Cai Yinna) from east to west is coming, medium-sized coach left front and two wheel motorcycle collided with the front, resulting in a certain high, the death of Cai Yinna, and damaged the car. After the accident, Li Zhichou called the police, the defendant Li waiting at the scene, the police processing. Beijing Tongda song Cheng judicial appraisal: the victim so high with the skull injury combined with hemorrhagic traumatic shock death; Beijing Huada Fangrui judicial identification center identification: the victim Cai Yinna with traumatic hemorrhagic shock, died of multiple organ failure. Traffic Management Bureau of Fangshan traffic detachment of Beijing city identified, the defendant Li holding B2 driver's license driving medium ordinary passenger fails to overtaking traffic accidents, is the main reason for the accident happened; the victim so high with C1 drive license suspension of two wheeled motorcycle driving license plate number of other traffic accidents, is the secondary cause accident happened; Cai Yinna no fault behavior. Determination of Li as the main responsibility, a secondary responsibility so high, Cai Yinna no responsibility.

The above facts, the defendant Li Mou confession, to report, through Shao Qi, Zhao Pujin, Li Zhi, a witness for Wang Haiyan, not for testimony, small bodies, inspection report, test report of vehicle technology, vehicle speed authentication opinions, traffic accident, death certificates, alcohol test report, driving license, driving a photocopy of the certificate, on-the-spot examination transcripts and photos evidence documented confirmed, is sufficient to recognize.

The opinion of this court, the defendant Li ignored the provisions of the road traffic safety law, a B2 driving license driving midsize buses fails to overtaking traffic accident, his behavior constituted the crime of traffic accident, shall be punished in accordance with law. Beijing Fangshan District people's Procuratorate accused the defendant li of the traffic accident crime facts are clear, the evidence is, fully, convicted, the court shall support. In view of the defendant Li have surrendered plot, pleaded guilty attitude is good, the accidents of non full responsibility, the lighter punishment in our hospital. Defence counsel this court accepted the. According to the "PRC Criminal Law" article 133rd, provided for in the seventh paragraph sixty-seventh, decides as follows:

The defendant Li Mou committing traffic accident crime, sentenced to four years in prison.

(sentence from the execution date. In custody before the execution of the judgment, the term is to be shortened by one day in a day, from July 17, 2010 to July 14, 2014).

Any party who refuses to accept the decision, the decision can be received within ten days, the hospital or directly to the Beijing first intermediate people's Court of appeal, appeal in writing, shall submit a copy of the original appeal, a copy.

                                                      December 20, 2010

Liu Xueyong lawyers

Beijing City Qi senior lawyer, partner, graduated from Law School of Peking University, bachelor degree of law.

Beijing City Labor and Social Security Bureau, Beijing City Federation of trade unions, the establishment of the Beijing Municipal Bureau of justice of Beijing City Committee of labor dispute mediation mediator.

Beijing City Bar Association public interest lawyers public interest lawyers.

As a number of large, medium-sized enterprises annual or special legal counsel, good at dealing with intellectual property rights, equity, traffic accident, divorce, inheritance, property, contracts and other civil and commercial cases and criminal defense.

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