"Have you parked your car and come down to check?" The inspector asked.

"No, I didn't see anyone in the rearview mirror at the time, and I thought it was pressed against a brick or a stone." Zhao Gang said.

"Have you ever thought about why there are bricks or stones on the roads in the city? Is this common in your process of transporting muck? The inspector asked.

"I didn't think about it. In the process of transporting the muck, sometimes there is a lot of loading, the tarpaulin cover is not tight, and stones or bricks will fall on the road, for which our team has been punished several times. Zhao Gang argued.

"Where did you go after that?" The prosecutor was very dissatisfied with Zhao Gang's answer and asked.

"I went to the construction site and continued to pull the muck." Zhao Gang said.

"When did you find out that your car had hit someone?" The inspector asked.

"I came out of the construction site after loading the muck and found that there were a lot of traffic police at the intersection, and there was a human figure painted on the ground, and there was blood. I parked the car on the side of the road, got out of the car and looked at the tires behind Steyr, and found that there were blood stains...... "Zhao Gang said.

"What did you do after that?" The inspector asked.

"I called the captain of the team and told him I might have hit someone. Then I went to the traffic bureau and surrendered. Zhao Gang said.

"Why didn't you turn in to the traffic police at the scene of the crime?" The inspector asked.

"I saw that someone was crying at the scene, and I was afraid of being beaten, so I went to the traffic team." Zhao Gang said.

"Have you been a driver since you joined your current team? What did you do before? The inspector asked.

"I've been a truck driver in the team, and before I joined the team, I drove trucks for other companies and individuals." Zhao Gang said.

"How many years have you been working as a truck and truck driver?" The inspector asked.

"More than six years." Zhao Gang said.

"Presiding judge, the prosecutor has finished asking." The prosecutor looked at the presiding judge.

"Defendant Zhao Gang's defender may ask questions of the defendant." The presiding judge said.

"Defendant, did you violate traffic rules when you drove through the intersection?" Fang Yi asked.

"No, I was turning right and driving according to the traffic rules." Zhao Gang said.

"You just said that you felt a jolt in the car, and then you didn't notice anything through the rearview mirror, and then you left. What did you think at the time? Fang Yi asked.

"The place was an intersection, I was not allowed to park, I was afraid of being punished for violating traffic rules, and I didn't notice anything abnormal, and I was in a hurry to go to the construction site to pull the muck, so I didn't stop." Zhao Gang said.

"Presiding judge, the defender has finished asking." Fang Yi said.

……

"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. Court debates revolve around disputed facts that have not been certified by the court and how the law should be applied based on the facts.

The prosecutor will speak first. The presiding judge said.

"Presiding judge and judge: The prosecutor believes that the defendant Zhao Gang, on the day of the incident, drove a Steyr truck to transport muck through the intersection where the incident occurred, and failed to fulfill the duty of care that a truck driver should have, causing the victim to die on the spot, and then drove away from the scene and escaped. His actions have constituted the crime of causing a traffic accident.

In view of the fact that the defendant Zhao Gang committed the act of hit-and-run, and surrendered himself afterwards, and actively compensated the victim's losses, we recommend that the defendant be sentenced to three years imprisonment. The inspector said.

Although Fang Yi had told Zhao Gang before that the procuratorate might recommend that the court sentence him to three to seven years in prison, when the prosecutor said the recommended sentence, Zhao Gang's heart still trembled, he felt that he was wronged, how could it be a hit-and-run account!

Subsequently, with the permission of the presiding judge, Zhao Gang defended himself, saying that he had pleaded guilty and accepted punishment, but did not recognize the escape.

"Defendant Zhao Gang's defender, express his defense opinions." The presiding judge said.

"Presiding Judge and Adjudicator: The defender believes that the defendant Zhao Gang has committed the crime of causing a traffic accident, but there are no aggravating circumstances for fleeing after the accident. Here's why:

According to Article 3 of the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents (Fa Shi [2000] No. 33) issued by the Supreme People's Court, it can be seen that fleeing after a traffic accident refers to the act of fleeing in order to avoid legal prosecution after a traffic accident occurs and constitutes the crime of causing a traffic accident. It can be seen from this that the following elements must be met at the same time for the establishment of "traffic hit-and-run":

1. The perpetrator must constitute the crime of causing a traffic accident.

The perpetrator's traffic accident must have one of the circumstances provided for in Article 2, Paragraph 1 and Article 2, Paragraph 2 (1) to (5) of the above-mentioned Interpretation, that is, the crime of traffic accident must first be constituted.

Judging from the evidence in the case, the defender believes that the defendant Zhao Gang was involved in a traffic accident while driving, causing the victim's death, and bears full responsibility, and his actions constitute the crime of causing a traffic accident.

2. The perpetrator must have fled for the purpose of evading legal responsibility.

In practice, the reasons and purposes for the perpetrator to leave the scene after the accident are varied, some are to escape legal responsibility, some are temporarily hiding for fear of retaliation from the victim's relatives, and some may be on the way to surrender or rescue the injured.

The reason why Article 3 of the above-mentioned interpretation emphasizes the subjective purpose of escaping is to avoid legal prosecution is to distinguish the circumstances of appeal.

The defendant in this case, Zhao Gang, did not find the victim at the time of the crime, nor did he realize that he had hit the victim, and when he left the scene of the accident, he did not know for sure that he had caused the accident. After he loaded the muck and drove the car out of the construction site, he found the police investigating the scene at the intersection (the scene of the crime), and only then did he think that he might have hit someone, but in fact, he was still not sure whether he had actually hit someone.

It can be seen from this that Zhao Gang did not know that he had hit someone after the accident, and he continued to go to the construction site to pull the muck, and he had no intention of evading legal prosecution.

In addition, in reality, after a traffic accident, the victim's relatives often carry out retaliatory acts such as beating the perpetrator due to irrepressible impulse. In this case, the defendant in this case chose to leave the scene and surrender to the traffic management department, which is in line with the thinking logic of ordinary people and should not be regarded as an escape.

To sum up, the defender believes that although the defendant constituted the crime of causing a traffic accident, his act of leaving the scene was not to escape legal sanctions, and should not be characterized as fleeing after a traffic accident. In view of the fact that the defendant voluntarily surrendered after the case and actively compensated the victim's relatives for their economic losses, and that his punishment should be commuted, the defender recommended that the defendant be sentenced to one year imprisonment. Complete. Fang Yi said.

"The prosecutor may respond to the defense opinions expressed by the defender." The presiding judge said.

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(End of chapter)