[] about the defendant Su morning seven or eight when, riding a bicycle to send their kids to school and back home, along the Beijing Bao highway Liangxiang section from north to south, ride a bicycle, close to crossing the village, prepared from west to east across the road into the village. When sue a bicycle has more passing East motor vehicle and non motor vehicle lanes, a hidden a driving motorcycle driving from south to north, due to dodge, motorcycle front wheel hit the middle of Su Bike, two cars were overturned on the ground, the motorcycle fell nearly six or seven meters, Su was drains into the East road in, not hurt, and hidden from his head, resulting in severe craniocerebral injury, after the rescue invalid death.

   [comments] the case occurred in a case of Beijing City, Fangshan District City, Beijing Fangshan District people's court after hearing that, the perpetrators Su constitute the crime of traffic accident. We think, this case involves the non motor vehicle driver can become the subject of crime of causing traffic casualties problem. For this problem, need from the traffic accident crime has harm nature of transportation public safety this point to grasp. In general, non driving motor vehicle due to its performance limits is not enough to harm the public safety, but if the non motor vehicle is used to directly related to engage in transportation activities or non motor vehicle driving and ongoing transport activities, behavior person driving the non motor vehicle, traffic accident, traffic transportation safety hazards, cause serious harm results occur, should be based on the traffic accident crime. In this case, Su Bike across the road in violation of the "Regulations" on "road traffic line vehicles, pedestrians prevails. Through the passage of vehicles or pedestrians shall avoid priority "in the provisions by the driving of vehicles or pedestrians, belonging to illegal traffic, resulting in serious consequences of a reservoir of death, so Su mainly due to negative accident responsibility. Therefore, we think, Beijing Fangshan District people's court decision is correct.