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Judging from the on-site verdict of the Traffic Police Management Branch of the Baoding City Public Security Bureau of Hebei Province, the procuratorate found that it was the same as the traffic police and approved the arrest of Li Qiming for the crime of causing a traffic accident.
In my opinion, in this case, the crime of causing a traffic accident rather than the crime of endangering public safety by dangerous means has the following considerations:
Traffic accidents are convicted of up to 7 years in prison with a suspended sentence.
The death penalty for endangering public safety by dangerous means is life imprisonment.
1. Sentencing and conviction are relatively independent stages, and different legal logics apply;
2. The sentencing of the death penalty is greatly influenced by the death penalty policy, and the sentencing logic is different from the discretion of other punishments;
III. The circumstances to be considered in sentencing for the death penalty include both legally-prescribed circumstances and discretionary circumstances. Moreover, discretionary circumstances must be taken into account and must be reflected;
Four. the defendant's guilty plea, pre- and post-guilt performance;
Five. the causal relationship between the victim's conduct and the harmful outcome;
Six. The nature of social harm, subjective malignancy.
Seven. Civil Indemnity.
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Dogs, days, yes, this kind of person is not sentenced, death, punishment is really unreasonable!!
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Sentenced to a traffic accident, he will come out in 3 years at most His father is Li Gang What else do you want.
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Let's go to Jiaoda to interview and complain! The fairest of them!
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Dude, how can it be so fast, it is estimated that it will take a while. I am convicted of causing a traffic accident, although I would love to be convicted of endangering public safety by dangerous means.
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Back on the second floor, Li Qiming is the son of the people's son.
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He's definitely invisible!! It is estimated that only those in the know know.
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The latest news, his girlfriend's QQ has been found out:
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found out and killed him in front of Li Yanei to avenge Xiaofeng.
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The first-instance verdict of the campus car accident case of Hebei University was announced.
According to Xinhua News Agency (Reporter Bai Mingshan Yue Wenting) Hebei University's "10 16" campus car accident case, which has attracted widespread social attention, was pronounced in the first instance on 30 July, and the People's Court of Wangdu County, Hebei Province, found that Li Qiming was driving while drunk, causing one death and one injury, and that he fled after the accident, constituting the crime of causing a traffic accident. Li Qiming was sentenced to six years in prison.
On the evening of October 16, 2010, Li Qiming drove drunk to the living quarters of the new campus of Hebei University, knocked down two female students, and was detained by security guards and students. **After Li Qiming's blood was collected and the vehicle he was driving was tested, it was determined that he was drunk and speeding. One of the injured, Chen Xiaofeng, died due to ineffective resuscitation.
The case was heard in public on January 26, 2011 at the People's Court of Wangdu County, Hebei Province. The Wangdu County People's Procuratorate indicted Li Qiming for the crime of causing a traffic accident, listing the relevant facts of the crime. Li Qiming pleaded guilty in court and confessed to the facts of the crime.
On the 30th, the Wangdu County People's Court sentenced criminal suspect Li Qiming to 6 years in prison for the crime of causing a traffic accident. Li Qiming did not comment on the verdict.
News Links. Li Gang compensated the family of the deceased 460,000 yuan.
According to CCTV, the court found that Li Qiming violated traffic and transportation management regulations and had a major traffic accident, resulting in one death and one injury, and he was fully responsible for the accident. It was determined that Li Qiming was driving at a speed of 45 to 59 kilometers per hour at that time, far exceeding the speed limit of 5 kilometers per hour on campus, and his blood alcohol content reached 151 milligrams per 100 milliliters.
The court held that the circumstances of Li Qiming's crime were heinous and the consequences were serious, but in view of the fact that after the case was discovered, Li Qiming's father Li Gang actively compensated the family of the deceased 460,000 yuan and the injured 10,000 yuan, and obtained the victim's forgiveness, and Li Qiming pleaded guilty in court and had a good attitude of repentance, so the court considered the defender's opinion on Li Qiming's lenient punishment.
Because Li Qiming did not express an opinion on the verdict, the verdict took effect.
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On October 24, criminal suspect Li Qiming was arrested by the Wangdu County People's Procuratorate on suspicion of traffic accidents.
A relevant person from the judicial department of Baoding City said that since the father of the criminal suspect Li Qiming is the deputy director of the Beishi District Bureau of the Baoding City Public Security Bureau, where Li Qiming committed the crime, in order to increase the openness and transparency of the trial of this case, the case will be tried in a different place, and experts from the legal circles and some teachers and students of Hebei University will be invited to hear the trial.
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On September 5, 2013, Li Qiming, the party involved in the "My dad is Li Gang" incident, was released from prison. On the evening of September 5, a Weibo post was ** by many netizens: "Insiders revealed that Li Qiming, who was originally sentenced to six years, has been released from prison recently.
Counting the number of days spent in the detention center, he served only two and a half years in prison. On October 16, 2010, Li Qiming caused death by drunk driving on the new campus of Hebei University, and said, 'If you have the ability, you can sue me, my father is Li Gang'. On January 30, 2011, Li Qiming was sentenced to six years in prison and 460,000 yuan in compensation.
This Weibo is also accompanied by a ** with Li Qiming's avatar, **The text is the same as the content of the online post.
On September 7, 2013, the Hebei Prison Administration confirmed to reporters that Li Qiming was still serving his sentence in prison and had not been released.
The reporter searched and found that a large number of microblogs on the Internet were sent by netizens "Tang Li Gongzi", which was sent out on Weibo at more than 6 o'clock in the evening on September 5, 2013, and at 4 o'clock in the afternoon of the 7th, there were more than 300 people**. In the comments or **, many netizens chose to believe it, saying that "the murderer can be released from prison in just over two years......460,000 to buy a human life is really cheap." There are also netizens who said "this is a rumor" in ** or comments, saying "reported".
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Is Li Qiming's friend responsible?
In the case, Li Qiming was drunk driving a friend's car, and his friend who drank with Li Qiming saw him drunk driving, and had an endless obligation to persuade and stop him? If the real owner of the vehicle involved in the accident also drank alcohol and lent the car to Li Qiming, should he bear double punishment?
Is it applicable to the crime of causing a traffic accident or endangering public safety by dangerous means?
After the accident, there was a heated discussion on the Internet about the handling of the incident. A law professor at Hebei University told reporters that he believed the accident should be defined as a crime of endangering public safety rather than a traffic accident. Because school roads are not public roads, traffic laws do not apply.
Lawyer Zhou Ze believes that the roads on campus are still public roads, and the Road Traffic Safety Law of the People's Republic of China applies. Zhou Ze said that the crime of endangering public safety by dangerous methods requires subjective intentionality, but the owner of the car who caused the accident almost subjectively did not want to have an accident, and he believed that it was the right way to criminally detain the owner of the car for the crime of traffic hit-and-run.
However, the opposite view is that, on the one hand, even if an accident occurs on a public road, if the criminal act meets the elements of the crime of "endangering public safety by dangerous means", the act should also be characterized as a crime. On the other hand, the definition of "intentional" in the Criminal Law of the People's Republic of China is not "willing" to cause an accident, but refers to "an intentional crime if he clearly knows that his or her behavior will have a result harmful to society, and hopes or allows such a result to occur, thus constituting a crime."
Article 14) also stipulates: "A person who commits a crime while intoxicated shall be held criminally liable." (Article 18, Paragraph 4) In this case, Li Qiming was driving in a drunken state on a campus where a crowd gathered, causing a tragedy of one death and one injury.
It may be that this result is not what he "hoped", but he is driving speeding without regard for the safety of the lives of an unspecified number of people, and according to the common sense of ordinary people in society, this situation is very prone to traffic accidents, so it can be inferred that Li Qiming had a "laissez-faire" mentality about the occurrence of this accident, which constitutes indirect intention.
Notice of the Supreme People's Court on Printing and Distributing the Guiding Opinions on the Application of Law and Related Typical Cases on the Crime of Drunk Driving [2009] No. 47.
In order to seriously handle cases of drunk driving crimes in accordance with law, to curb the serious harm to public safety caused by drunk driving and drunk driving, and to warn and educate potential drivers who violate the rules, in the future, where drunk driving is allowed to occur and causes major violations, it is to be convicted and sentenced in accordance with the provisions of these Opinions and with reference to the attached typical cases, and the crime of endangering public safety by dangerous means is to be convicted and sentenced in accordance with law.
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Now that it has come out, there is no news of my father, and their family has not been reunited.
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Start the life of an ordinary person. After the sentencing, he has realized the seriousness of the problem, and everyone is familiar with him, and he also knows that there is no privilege in front of the law, and now he is an ordinary person living a down-to-earth life.
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He is having a very bad time now, because he has committed crimes in prison, so few companies are willing to accept him, and it is very difficult.
Liu Yuxi's grandson: Liu Yongcheng.
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