"In response to the defender's defense opinions, we express the following opinions:

First, the defendant Zhao Gang is a veteran driver who has been working as a truck driver for more than six years and has extensive driving experience. At the time of the incident, the defendant sensed that the vehicle was jolted, and should have known that he might have hit someone, so he should stop for inspection, but Zhao Gang did not stop, but drove away from the accident site and continued to the construction site to pull the muck. In our view, Zhao Gang's conduct clearly had the nature of a traffic accident and escape.

Second, when Zhao Gang returned to the accident site with the muck, he saw that a traffic police officer was investigating the scene, and immediately reported to the team leader that he might have hit someone, and then voluntarily surrendered to the public security traffic management department on the same day.

We believe that the defendant's timely abandonment of his purpose of evading legal prosecution in the process of escaping, voluntarily surrendering, and truthfully confessing constitute voluntary surrender. However, regardless of the defendant's purpose for giving up his escape, his surrender does not affect the determination of his previous escape.

To sum up, we believe that the defendant constituted the crime of causing a traffic accident, and there were aggravating circumstances of hit-and-run. Complete. The inspector said.

"The defender may respond to the prosecutor's opinion." The presiding judge said.

"In response to the prosecutor's defense opinions and responses, the defense counsel issued the following defense opinions:

The defense argued that from the evidence provided by the prosecutor, Zhao Gang did not know that a traffic accident had occurred when he left the scene of the accident, and when he returned with muck that day, he saw the police investigating the scene at the intersection and speculated that he might have hit someone, so it cannot be deduced with certainty or exclusivity that the defendant's behavior of leaving the scene of the accident must have been for the purpose of evading legal prosecution.

According to the principle of 'in favor of the defendant when in doubt', this case should not be found to be a run-and-run after a traffic accident. In the case where it cannot be clearly determined that the defendant is involved in a traffic hit-and-run, there is no act of giving up the escape, and it only constitutes voluntary surrender. Fang Yi said.

Seeing that the procurator seemed to have something to say, the presiding judge said, "The procurator can continue to respond to the defender's defense opinions." ”

In response to the defender's comments and responses, the prosecutor made the following observations:

According to the second paragraph of Article 2 of the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents", a person who causes serious injury to one or more persons in a traffic accident and bears all or the main responsibility for the accident and flees the scene of the accident in order to avoid legal prosecution shall be convicted of the crime of causing a traffic accident.

Defendant Zhao Gang drove a large truck, causing a major traffic accident in which one person died while driving, and he bears full responsibility, and there are circumstances of fleeing the scene of the accident (i.e., fleeing after causing a traffic accident), it shall be found to constitute the basic offense of the crime of causing a traffic accident, and the statutory sentencing circumstance of fleeing after a traffic accident shall also be applied. Complete. The inspector said.

"The defender can respond to the prosecutor's comments." The presiding judge said.

In response to the prosecutor's response, the defense argued that the prosecutor's view was a misinterpretation of the above interpretation. Here's why:

Paragraph 2 of Article 2 of the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents is a provision on the conviction of the crime of causing traffic accidents. Article 3 is an interpretation specifically for 'fleeing after a traffic accident', which clearly excludes the situation of 'fleeing the scene of an accident in order to avoid legal prosecution' as just mentioned by the public prosecutor, and 'fleeing after a traffic accident' is a statutory aggravating sentence.

In other words, the act of 'hit-and-run after a traffic accident' cannot be used as both a circumstance for conviction and a statutory aggravating circumstance at the same time, otherwise it will violate the principle of the criminal law prohibiting repeated evaluation of the same act. Complete. Fang Yi said secretly: I have never been afraid of anyone when I engage in theory, if you want to fool me, no way!

……

Ten minutes after the adjournment, the members of the collegial panel walked into the courtroom again, and the presiding judge sounded the gavel.

"Now continue the trial, and ask the bailiff to bring the defendant Zhao Gang to court. The collegial panel has deliberated and formed a verdict in this case. In response to the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:

Defendant Zhao Gang was driving a large truck, and in the process of driving, he discovered that the situation was not timely and improperly handled, resulting in a major traffic accident in which one person died, and did not stop immediately after the traffic accident to protect the scene, but instead hit and run, and his conduct constituted the crime of causing a traffic accident.

Considering that Zhao Gang was able to voluntarily surrender after the case was discovered, and actively compensated the victim's relatives for their economic losses, the punishment may be commuted. In accordance with the provisions of Article 133 and Article 67, Paragraph 1 of the Criminal Law of the People's Republic of China, it was decided that the defendant Zhao Gang committed the crime of causing a traffic accident and was sentenced to one year and six months imprisonment. The presiding judge pronounced the verdict.

When he heard the words "hit-and-run" in the commentary, Fang Yi chuckled in his heart, and it seemed that the court adopted the opinion of the procuratorate and found that the defendant had committed a traffic accident and escaped. But the final sentence made Fang Yi's heart move, one year and six months, as far as this case is concerned, it is appropriate, I don't know what the parties will think.

After the verdict was announced, the defendant Zhao Gang was taken away by the bailiffs. When Fang Yi and Zhou Ying walked out of the courthouse, Zhao Jiuhe walked over.

"Lawyer Fang, what do you think of the court's decision? Can the appeal be changed to a lighter sentence? Obviously, Zhao Jiuhe was not too satisfied with the court's verdict.

"I think the verdict in this case is not problematic in terms of characterization and sentencing, but the court's determination that Zhao Gang escaped after the accident is debatable." Fang Yi's implication is that the appeal is of little significance.

Obedient and listening, Zhao Jiuhe is not stupid, he understood what Fang Yi meant as soon as he heard it.

A few days after the first-instance verdict was announced, the criminal verdict was issued, and within the statutory time limit, the defendant did not appeal, and the procuratorate did not raise a prosecutorial counter-appeal, and the verdict took legal effect.

It has been a few days since the beginning of autumn, and the weather has not been cool, and the autumn tiger is shaking the majesty when he descends the mountain, but it is already the end of the strong crossbow.

Fang Youcai called Fang Yi and had already asked several times when Fang Anzhi would return. On this day, Fang Yi received information that Li Shuming and Fang Anzhi would return to China the next day.

On the day he received the news, Fang Yi returned to his hometown and brought his father Fang Youcai to the city. The next afternoon, Fang Yi left the office and drove to the train station to pick him up.

At about five o'clock in the afternoon, there were many people in the train station, pulling boxes and backpacks, and at a glance they knew that they were passengers who had just gotten off the train.

"Xiao Zhi! Over here. Fang Yi stood at the exit and waved his hand to Fang Anzhi and Li Shuming in the crowd.

Soon the two walked over, and to Fang Yi's surprise, there was an old acquaintance behind the two-Yunmei.

(End of chapter)