Man's wine drives and collides the police to death and is sentenced the crime against public security to obtain the life imprisonment

Man's wine drives and collides the police to death and is sentenced the crime against public security to obtain the life imprisonment
(Reporter Li Yuan The reporter Zhang YiPing) When Baoding one man drive through police, check card, order, rush card by force, cause, carry out, set up a checkpoint the intersection of police and one death and one wound to check task. Seeing that the details of the case of this case is great, the society is of great impact, after the intermediate people's court of Baoding tries this case, the collegiate bench is appraised through discussion many times, adjudiacate in the first instance recently, think this behavior has already been committed with the crime against public security of the dangerous method, sentence defendant Zhang HaiPeng's life imprisonment, deprive political right for life.
The case is returned
Rush in the card and collide the police on duty to death by force
The court finds out through trying, at the night of July 31, 2008, dispose according to the Olympic security protection of municipal public security bureau of Baoding, 12 police set up a checkpoint and check the vehicle which enters the urban area at the martial prowers West Road and rich river way T crossing.
The police on duty park the police car of a rule in some sidewalks of southern side of card, turn on the alert light, click the centre line of road in the most west in the card and put and park and check to hint card together, the card clicks the southern side of centre line of road in the most east and lays broken fetus device of a piece of roadblock, reserve the lane for examining the vehicle to pass through on the southern side of broken fetus device of the roadblock. Several pieces of tube of awl of red with reflecting light are put in the west of the broken fetus device of the roadblock.
At about 23 o'clock at that night, a piece of sea roc of defendant drives black and steps and makes room the car and goes from west to east along the martial prowers West Road after drinking, through the genuine bridge of West Road transformer factory of martial prowers, in order to escape lighting checking with card, drive and has not moderated and intrude upon the card and click. Police Li JinYong, Chen Xin on duty stand etc. and hint he parks and checks, Zhang HaiPeng does not hear and command continuing moving ahead, drive and roll from Li Jin's brave right instep, wounds its right belly, it is more than 40 meters far to stand and knock oldly out newly shortly afterwards, car roll hinder bus nail, go out after the about 30 meters stopping. Police Chen Xin stands and breaks because of the liver, vertical diaphragm, through all rescue measures proved ineffectual causes the losing blood shock death.
The troublemaker says
Attend a banquet three times at one night, drive after drinking
As was confessed by defendant Zhang HaiPeng, on July 31, 2008, what he bought opening newly will step and make room the car, successively in Baoding " Hunan capital " , " golden time " , " floor outside the mountain " Hotels have drunk wine three times. At about eight o'clock in the evening, drink on the roadside street stall of the transformer factory again with the friend on the way home. Determine that verifies ethanol content 277.9 milligrams 100 ml in roc's blood of a piece of sea according to the coroner, exceed whom national standard stipulate, drive standard after drinking greatly already ' The standard is greater than the alcohol content or equal 80 milligrams 100 ml) .
The court thinks, a piece of sea roc of defendant rushes in the card by car after drinking, endangers the public security, lead to the fact on duty police die one serious consequence that injure slightly, behavior its commit with dangerous the intersection of method and crime against public security already, prosecute the charge that the organ accuses and is established. Defendant pieces of the intersection of sea and roc know perfectly well policeman set up a checkpoint check bus, for escape, check, moderate, intrude upon Carlos order, its card behavior of rushing has threatened the life of the not particular majority, health and safety; By the look of subjective psychology, defendant Zhang HaiPeng may cause casualties' result to the card behavior of rushing, hold the attitude not interfered subjectively, indirect on purpose. A piece of sea roc of defendant drives after drinking, recognizes and weakens with the control ability to some extent, say " has beaten (dialect of Baoding, it is " damnable " to mean after colliding ),This response indicates it does not pursue the emergence which endanger the result actively subjectively, it is subjective and malignant and relatively small, can punish on the lenient side according to the circumstances, make the above-mentioned judgement in view of the above.
|