Cadillac drag racing car owners prosecuted how to punish high-speed drag racing
Beijing News Express according to the official wechat news of Shijingshan District People's Procuratorate of Beijing, Cadillac owner Chen has been prosecuted by Shijingshan Procuratorate on suspicion of dangerous driving.
On March 20, 2020, a screenshot of "car search enlightenment" and a video of dash cam were wildly spread among Beijing car friends. The man posted that he wanted to find an "Infiniti" white car and called it "card Vision & hellip"; Overcast me ', resulting in a traffic accident. After this video was sent out, it attracted a voice of doubt from netizens. Netizens almost unilaterally accused the man of causing trouble for no reason and racing on the road.
At the same time, this video also attracted the attention of the police: high-speed driving on urban expressway, multiple solid line lane changes, chasing and racing & hellip& hellip; The driver may have been suspected of dangerous driving crime.
After the police investigation, the driver Chen was finally arrested.
Chen is a 21-year-old young man. On the day of the incident, he drove from south to north near Shifeng bridge, the main road of the West Fifth Ring Road. When he was ready to merge to the outermost lane, he met Dai, who was driving an Infiniti car, and drove through the lane normally.
Chen believes that Dai didn't avoid him. He was deliberately competing, so he accelerated to catch up and was ready to 'vent his anger' by surpassing the other party. In order to catch up with Dai, Chen increased the accelerator and changed lanes on the solid line for many times. Even if his girlfriend in the same car dissuaded him for many times, he still insisted on his own way and launched a 'pursuit war'. In the subsequent process of high-speed driving, because the speed was too fast and Chen's vision was limited, he hit a pickup truck running normally in the rightmost lane. After the incident, Chen paid 920 yuan for the repair of the pickup truck.
After Chen came to the case, after identification, the speed was as high as 140-142.2 kilometers per hour, and the maximum speed limit of this section was 100 kilometers per hour. Finally, Chen was criminally detained on suspicion of dangerous driving, and the case was immediately transferred to Shijingshan District People's Procuratorate for examination and prosecution.
Why does Chen's behavior constitute a crime?
The prosecutor gave an explanation:
One of Article 133 of China's criminal law stipulates the crime of dangerous driving, which stipulates four kinds of dangerous driving behaviors that constitute a crime, including the familiar drunk driving of motor vehicles, and the 'chasing and racing, with bad circumstances' involved in this case.
The term "chasing and racing" refers to a person who, out of competition, fighting spirit or other motives, twists and turns on the road and quickly chases and drives, so as to achieve bad circumstances, which constitutes a crime.
So how to evaluate the bad plot? On the one hand, it is the means of behavior, such as speeding, running a red light, forcibly overtaking, repeatedly slamming on the brakes, etc. on the other hand, it is the consequences, such as personal injury and property loss.
Behavior and consequences prove a problem from different angles, that is, the risk of this behavior is enough to threaten the safety of other people's lives and property.
In this case, the suspect Chen ran over 140 kilometers / hour, continuous lane changing and compacting lane changing. These are violations of traffic safety act, and traffic accidents occurred. Judging from the comprehensive judgement of means and consequences, the crime can be judged as bad.
At present, Chen has been prosecuted by Shijingshan Procuratorate on suspicion of dangerous driving.