The deputy director of the police station drunk driving death caused escape after the arrest of a diesel generator | diesel generator price / 2010-07-28
Zhao Dawei, deputy director of the Yongning Street police station in Yitong County, drew drunk driving, ran away after being killed, found a friend's top bag, and instigated others for perjury. This caused widespread concern in the local area.
The reporter was informed yesterday that Zhao Dawei appealed to the court of first instance for three years after being sentenced to three years’ imprisonment for traffic accidents. The Court of Final Appeal, on the grounds of its active compensation for the financial losses of the victim’s family members after the incident and the guilty pleas in the trial, did not endanger society. , sentenced to three years imprisonment, suspended for four years.
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Case playback
Crash cyclist escapes and crashes again
On the afternoon of December 21, 2008, Zhao Dawei, the 32-year-old deputy director of the Yongning Street police station of the Yitong County Public Security Bureau, and his friend Zhang Jiming ate to dinner. During the dinner, Zhao Dawei and Zhang Jiming drank alcohol.
After the meal, Zhao Dawei drove Zhang Jiming’s car and took Zhang Jiming, Zhang’s son and a friend, and from the north to the south of Yitong Avenue to the north of the Yitong North Bridge, the rear-end bicycle trailed behind. Cyclist Shi Yong died on the spot.
After the accident, Zhao Dawei did not get off the car to save people, but quickly drove away. Escape to the Hongqiao bathing gate of Yitong Street, and shave with the opposite passenger bus. Afterwards, Zhao Dawei continued to drive away. The passenger bus driver Chang Jingwei reported the police.
Finding a friend culprits and making others commit perjury
When he fled near the liquor factory, Zhao Dawei stopped the car and talked with Zhang Jiming, who had been in the car, to help him with the crime. Zhang Jiming said he also drank and could not be blamed for this crime.
Later, Zhang Jiming sent his son home. When he returned near the liquor factory, the car and Zhao Dawei disappeared.
In the meantime, Zhao Dawei telephoned Zhang Yanjun, a temporary worker at the Yitong County Maternal and Child Health Hospital. After Zhang Yanjun came, Zhao Dawei asked Zhang Yanjun to surrender to the accident team of the traffic police brigade. Zhang said: "You're going to work for you, but you have to make sure that you can't catch me." Zhao said: "You go, no problem."
Zhang Yanjun drove the accident car to the traffic police brigade accident department.
During the investigation of the case by the public security agency, Zhao Dawei conspired with Zhang Jiming and Chang Jingwei and instructed the two to give false evidence. He also gave Chang Jingwei 4000 yuan in cash twice.
According to the instructions of Zhao Dawei, Zhang Jiming lied that the car was lent to Zhang Yanjun on the day of the incident. Chang Jingwei lied that after the small passenger car he drove was scraped, the driver had to get out of the car and claim to be Zhang Yanjun. Before he drove, he hit someone...
On the second day of the incident, Zhao Dawei reached an agreement with the family of the deceased Shi Mou on the issue of compensation and paid a one-time compensation of 200,000 yuan. The section was paid the same day. Zhao Dawei specifically sought a notary. After the notarization, Zhang Yanjun was released on bail pending trial.
Hidden report was brought to light
In June 2009, Zhao Dawei suddenly found Zhang Yanjun and Chang Jingwei, telling the two people to collude. People told them that they should not stay at home. If they do, they should not change their mouths. Zhao Dawei gave Chang Jingwei money, but often did not want to.
On June 12, Zhang Yanjun was detained by the Tiexi Branch of the Public Security Bureau of Siping City on suspicion of traffic accidents. On July 2 of the same year, Chang Jingwei was arrested by the public security authorities for being accused of perjury. Twelve days later, Zhao Dawei was detained by Tiexi Branch for allegedly committing crimes of filial piety. On September 7, Zhang Jiming voluntarily surrendered to the prosecution agency.
first instance
Traffic accident was sentenced to three years
On November 23, 2009, the Tiexi District Court made a first-instance judgment on the case.
The court of first instance held that Zhao Dawei’s full responsibility for the accident constituted a crime of traffic accident and escaped after the accident; considering its active compensation, he had a discretionary punishment.
In the end, the first instance court sentenced Zhao Dawei to commit a traffic accident and sentenced him to three years’ imprisonment. Zhang Yanjun was sentenced to two years’ imprisonment and suspended for three years for committing crimes; Zhang Jiming was sentenced to one year’s imprisonment and suspended for two years; Wei committed perjury, sentenced to one year in prison, suspended for two years.
Second trial
Term of imprisonment of three years suspended for four years
Zhao Dawei appealed on the grounds that the original trial sentenced the sentence too heavily; the scene investigation transcript, the on-site photograph had not been verified by the court, and the procedure was illegal.
After receiving the appeal form, Siping Intermediate People's Court formed a collegial panel. After reviewing and interrogating the appellant and the defendant in the original trial, the collegial panel concluded that the facts of the case were clear and the evidence was true and sufficient. They decided not to hold hearings.
As the Court of Final Appeal of the case, the Siping Intermediate People’s Court held that the judgment of the court of first instance verifies the conviction of the appellant Zhao Dawei and other defendants accurately and has a proper sentencing. At the same time, the court also proposed that Zhao Dawei could take the initiative to indemnify him. In the trial process, the confession was better and there was a repentance performance, which did not endanger society. Therefore, Zhao Dawei was deemed to have applied the non-custodial penalty.
Therefore, the Siping City Intermediate People's Court commuted Zhao Dawei's three-year imprisonment to a three-year suspended sentence of four years' imprisonment at the final hearing. Maintained the verdict of conviction and sentencing for Zhang Yanjun, Zhang Jiming and Chang Jingwei.
status quo
Zhao Dawei does not work in the police station
Yesterday afternoon, the reporter telephoned the police station of Yongtong Street of Yitong County Public Security Bureau. The staff who answered the phone said that Zhao Dawei has not worked in the police station. Subsequently, the reporter tried to contact Zhao Dawei many times and he had been unsuccessful.
Extra-legal lawyer:
The final sentence is too light
"I think the final judgment of the case is too light." Lin Changyu, a lawyer of Jilin Province Huagang Law Firm, said that according to the "Criminal Law of the People's Republic of China" on the crime of traffic accidents, it violated traffic regulations and caused major accidents. Serious injuries, deaths or major public or private property losses shall be punished with imprisonment of not more than three years or criminal detention; if the escape occurs after traffic accidents or there are other particularly gruesome circumstances, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; death caused by escape. , At least seven years in prison.
"From the specific circumstances of the case, we should not sentence the deputy director of the police station to probation." Lin Changyu said.
"Drunk driving, escape after accidents, collusion with other people, and incitement of others for perjury, each plot is very bad, how can it be commuted to probation?" Zhang Zhihong, a lawyer at Beijing Xiongzhi Law Firm, also believes that the final sentence of this case is too light. The reason for probation is very inadequate.
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