In 2021, a man was sentenced to 11 years in prison for throwing a security guard off the front of his car and being run over by a car behind him

2022-07-05 0 By

Because of impulse, smelly mouth, let jilin Baishan city man Xu intestines are regretful, he broke a disaster.Had known such serious consequences, he would rather be wounded by the community security, hit the disabled, also never do such a thing.Unfortunately, there is no regret medicine.Xu, male, 38 years old, college education, born in Fusong County, Baishan City, Jilin Province, lives in a community in Wujiang District, Suzhou city.Xu Qiang works as a sales director in a company in Suzhou.In the evening of June 24, 2021, Xu’s company organized a dinner party for sales staff, the place is the so-so Emblem hotel in Suzhou Bay, Wujiang district.June 25, is the Dragon Boat Festival, a day off.As a sales director xu naturally should not be absent from the wine bureau, about 7 o ‘clock in the evening dinner, there are more than a dozen people to attend.During the dinner, Xu also calculated restraint, he drank three glasses of red wine, this cup is dedicated to drinking wine goblet, this wine, about three or four two bar.He drank until after 10 o ‘clock.Someone proposed to KTV singing, Xu did not go, he thought of going home early to rest, the recent work more tired.For the northeast man, these three glasses of red wine on Xu did not have any effect, he was completely sober without drunkenness.When he left for home, he did one big mistake — drove home.You can’t drive after drinking.Heo drove a white Cadillac.At about 10:20 on the evening of 02, Xu drove a person to the north gate of the Third district of Olin Qinghua Business area, and was stopped by the security guard at the gate.The parking space in the shopping district is full, and only one car can get in.When waiting in line, Xu mou saw a car want to go in from the exit of the place, Xu mou think someone and security familiar, to jump the queue, it is a little dissatisfied.He rolled down the window and swore at the security guard.”I’m a house owner, an apartment owner, a business owner. Why the fuck are you stopping me from coming in?””Keep your mouth clean.”The security guard said.”This is how I talk, why?””Fuck you,” the security guard shouted back.The security guard surnamed Li, 32, is a father of three.The driver who wanted to enter the parking lot through the exit saw Heo Shouting at the security guard and backed out.This side of the gate opened, it is xu’s turn to enter, he drove into the car.He got into the parking lot and drove north and south until he couldn’t find a spot.Xu was angry, he had to drive out the car.At the exit of the vehicle, the gate was automatically lifted, but there was no response.Heo felt that the security guard deliberately refused to open the gate for him.Huh asked the security guard, “Who did you just scold?””I’ll scold you.”The security guard said.Oh, also dare to talk hard with Lao Tze, Xu mou angry up, plus drink a little wine.He got out of the car and ran into the security booth, kicking the guard in the leg.Instead of fighting back, the guard pushed him out of the booth and shouted over the intercom, “There’s a disturbance, everybody come here.”Xu heard the security call, and he can not go out, so he got on the car back to the parking lot to find a parking space, he thought, park the car quickly go home.Xu looked for a circle in the parking lot, or did not find a parking space.So he drove out again.Open to so-and-so supermarket door, Xu was stopped by four security guards, two of them are riding electric car chase over.After they get off the electric car stopped in the right front of xu’s head, just with his conflict security li standing in front of the head, there are two security guards standing in the position of the main driver.They asked Him to get out of the car.One of the short security guard from the main window to pull the door, trying to pull Xu out of the car, Xu not, the security guard also hit him three times, respectively hit his left temple, left eye socket and left mouth.Later, the security guard reached in to pull out his car keys, Xu bit his right forearm, the security guard withdrew his hand.Xu wanted to drive away, but the car stopped the electric car, Li was still standing in front of the car, then Xu stepped on the gas pedal, the gas pedal “bang” once, the sound is very big, he wanted to scare away the security guard, the results of the Li are motionless.Xu then hung up the forward gear and proceeded to detest the guard twice. Each time, the guard stepped back a little but still refused to move, and Li kept pointing at Xu and asking him to get out of the car.Xu accelerated forward for the third time, li jumped on the car cover, the car in front of the toppling.Heo wanted to get out of the parking lot.There were so many of them that he was afraid of being beaten and pestered.So he just refuel and head north.The security guard Li is facing him lying on the front windshield, his hands desperately holding two wipers, and security guards are chasing after the car.To the parking lot exit, Xu stopped the car.He got out of the car, walked to the front and kicked the guard in the leg. With his right hand he grabbed his right arm and with his left hand he grabbed his back and pulled him from the car.After being pulled down, Lee hugged Xu qiang and shouted to the security guard behind him, “Hurry up.”Xu struggled to free himself and fell to the ground with the guard, bruising his body.Li did not let go, Xu inserted his right index finger and middle finger into Li’s nostril, pain, forcing Li to let go.Xu hurriedly ran back to the car, stepped on the accelerator ready to rush out, the security guard “teng” once again from the ground to climb up, and lie on the car front windshield.”You’re going to get yourself killed!Xu scold way.Behind him, several other security guards were about to overtake him.Xu thought of to run, was caught not cost-effective, he is dry but four people.Xu refueled immediately drove out, the lid of the li head heavily hit the road brake, the road brake hit changed shape.Xu turned right into Kaiping Road, driving along kaiping Road from west to east, driving about 50 meters, the car arrived at the intersection of Kaiping Road and Zhongshan South Road.The red light is straight on.Xu turned right into Zhongshan South Road from north to south driving along Zhongshan South Road for about 30 meters, he suddenly picked up speed, and then slammed on the brake, the security guard was thrown to the right front of the car on the ground.Xu then left to hit the steering wheel, from Li side around the past, ran away.This Li mou fell to the ground, lying on the right one or two lanes between, did not move.At 22:34, li was thrown out of the car only 45 seconds later, he was driven by ren a black net hire car.Because of the rain that night, the road was a little reflective, the driver of the black car did not know what to press, mistakenly press the tire, he did not get out of the car to check, directly drove away.Unfortunately, Li was crushed to death.After throwing the guard off, Xu continued to drive along Zhongshan South Road for about 200 meters. Because the windshield wiper was broken by the guard, he got out of the car and pressed the windshield wiper flat.He drove to The Olympic Tsinghua bus hub station parked the car, and then took a taxi to wuzhong district friend Gao home.To gaomou home, Xu saw the bed and lay down, he said to his friend very tired, also said some “after death how to do” and so on, his friend feel what surprise.Xu also said he would go to the hotel to open a room to sleep, Gao retained him.Gao found his leg and face abrasions, asked him how these injuries come, Xu said he fell.Goh disinfected him with cotton swabs and alcohol.Later, Xu lay in bed, snoring thunder.The doorbell rang at 5:00 a.m. on The 25th, and the police came after him. Heo was handcuffed and taken away by the police.After identification, Li mou department suffered a huge blunt force action caused by thoracic aorta rupture large blood loss death.The concentration of ethanol in xu’s blood is 77mg/100ml.04 because of the suspected crime of intentional injury, Xu was detained by the public security organs on June 26, 2020, and arrested on July 10 of the same year.Suzhou People’s Procuratorate xu mou committed the crime of intentional homicide, in January 26, 2021 to suzhou Intermediate People’s Court filed a public prosecution.Public prosecution authorities believe that: the defendant Xu threw the victim Li mou to the motor vehicle lane, knowing that the act of not performing the rescue obligations may lead to the death of the victim Li Mou harm consequences, still laissez faire the consequences of the harm, ultimately leading to the death of the victim.Xu mou’s behavior violated the provisions of the “People’s Republic of China criminal Law” article 232, should be investigated for its criminal responsibility with the crime of intentional homicide.Defense: on the charge of intentional homicide and the facts of the crime are not dissenting, put forward the case is a crime of passion, Xu mou has confessed and confessed to the statutory leniency of punishment circumstances, has compensated for the economic losses of the victim’s family members and obtained understanding, suggest a lighter punishment.Xu’s family members to compensate for the victim’s family members RMB 730,000 yuan, and compensation for the event suffered property damage to other units and individuals of the relevant economic losses, the victim’s family members and relevant units, individuals to the defendant Xu mou to be understanding.The court review thinks: the defendant Xu drove the victim to the motor vehicle lane of the behavior is intentional behavior.When it discovers and knows that the victim is injured in the middle of the night and falls down on the motorway of the main traffic line and is unable to move, there is a high risk of being crushed to death by subsequent passing vehicles, it should be able to fulfill the statutory obligations of rescue and alarm but fails to fulfill them.In the absence of any protective measures, driving away without regard to the safety of the victim, it subjectively belongs to the indirect intentional crime of letting the harm result happen.Objectively, it is his omission that causes the victim to be crushed to death by subsequent vehicles, and there is a causal relationship between his omission and the death result of the victim in criminal law, which is in line with the constituent elements of intentional homicide.On March 31, 2021, the court made a judgment: the defendant Xu mou committed the crime of intentional homicide, sentenced to 11 years in prison, deprived of political rights for three years.It is a small matter. Both parties involved in the matter are reckless of danger, do not know tolerance and emotional control, resulting in serious consequences. Both parties pay a heavy price, which makes people sigh.Xu is wrong first, there is discrimination and insult to the security, to stimulate the security of their own dignity of strong desire to maintain, so just call colleagues to intercept, theory, lie on the front cover.The security guard is fighting with his life.After being hit by a car several times, the security guard did not know to give way to death. He risked his life and health and left his parents, wife and children behind, without knowing his responsibility or fear.A 35-year-old man, father of three, the breadwinner of his family, he couldn’t die.Heo pulled him out of the car, and he jumped on the front cover to embrace death.The security guard, he made a big mistake in the follow-up to the dispute.In Our country, the number of security groups is huge, standing at our door, control access is the security, each of our lives can not escape them, they deeply wedge into our life.If you meet someone of high quality, you will be blessed. If you meet someone of low quality, you will pay for an evil god.Many security guards pose as managers, and do not recognize the identity of the service.We need the warm service of security, and security needs to fight for dignity and dignity, friction is everywhere.On xu mou’s charge, privately biased to negligent death, on the qualitative of intentional homicide do not agree.The punishment varies widely depending on the crime.In the parking lot, Xu Qiang eager to get rid of entanglements, he drove against Li mou twice, let Li mou get out of the way, but in Xu mou third time against driving away, Li Mou first lie on the front cover.To the exit of the parking lot, Xu got off to pull li down the front cover, he wanted to go out, he was afraid of being numerous security beat pester, he drove away, Li second lie on the front cover.This Li mou, with the death of provocation, useful own life jilted pot, touch the taste of porcelain.Xu foreboding li mou danger, he subjectively no harm, intentional homicide, really should not be determined as intentional homicide.Lost 730,000 yuan, sentenced to 11 years, the court of Xu’s punishment is heavy enough.Do not know after the first trial xu mou without appeal, for others, will strive for.The lesson of this case is too heavy, danger is everywhere, always bear in mind, endure for a while calm, take a step back.Cherish peace, cherish life, away from uncertain danger.End – Case source: Adjudication document network