4hw.org: Recently, a section of "Xi'an a female anchor's live racing drift" caused widespread concern on the Internet. The police quickly set up a special team to investigate the vehicles and personnel in the video content one by one, and quickly cracked the biggest dangerous driving case in Xi'an in recent years. Now let's see the details!
Many luxury cars are racing in the streets of Xi'an, and the webcast is broadcasting live, causing concern. Nine suspects in the case have been detained in accordance with the law and one has been chased online, Xi'an traffic police Baqiao brigade said Tuesday. This is also the biggest dangerous driving case that Xi'an traffic police has cracked in recent years.
On the morning of August 14, a video called "a female anchor living racing drift in Xi'an" began to spread on the Internet, with a cumulative click through of 100000 times in just a few hours. The video shows that a large number of luxury cars, including Maserati, BMW, Cadillac, Audi and other brands, are gathered in one place, and a special person is responsible for the full speed race of issuing order, while the near ground is also obviously left with arc tire marks formed by vehicle drift.
Baqiao brigade of Xi'an traffic police quickly set up a task force and immediately arranged the deployment. On the one hand, a special person was assigned to carry out comparison and verification of specific information such as vehicles and road sections in the video; on the other hand, the police concentrated on all roads in the area to carry out night patrol.
Through investigation, the police summoned the anchormans Zhang Yufan and Chen yuxu successively, which further confirmed the location of racing and the approximate number of vehicles and personnel involved in the preliminary investigation.
Through multiple visits and further rehearsals, the police successfully arrested Zhang, the organizer and suspect of the event. Subsequently, five people, including Chen Yuchao, the contact person of the live event, Gao Yuwei, an important participant of the racing event, were also arrested.
On the morning of August 20, Peng, the owner of a suspected vehicle, came to the case, saying that it was not him who drove on the night of August 13, but Gu who drove the vehicle and participated in the racing. After making relevant records, Peng got in touch with Gu according to the requirements of the police, while Peng left the brigade on the grounds of serious physical discomfort after Gu arrived at the team that night.
Police found in the investigation that although Gu admitted that he was the driver of the day, he was unable to express the details related to the case clearly, and even had obvious differences with the previous investigation on individual issues. In the following inquiry process, the police directly broke the logic loopholes of the parties, and at the same time, they took the advantage of the situation to launch a psychological offensive, successfully disintegrating the psychological defense line of the other party, so that it took the initiative to explain the fact that it covered the car owner Peng. When the investigator contacted Peng, the other party was already in a state of losing contact. In response to this situation, the case handling team immediately deployed the network to pursue the escape, and launched nationwide arrest.
Later, Pang Youyou, the involved person, voluntarily surrendered under pressure, and the other two involved persons Li and Zhou were arrested successively. So far, all suspects in the "8.13 crowd dangerous driving case" have surfaced, and the case has been successfully solved.
I. the latest punishment standard for dangerous driving in 2017
According to Article 8 of the Ninth Amendment to the criminal law and article 133-1 of the criminal law: 'Whoever drives a motor vehicle on the road shall be sentenced to criminal detention and shall also be fined in any of the following circumstances:
(1) chasing and racing, and the circumstances are abominable;
(2) driving a motor vehicle drunk;
(3) being engaged in school bus business or passenger transportation, and seriously exceeding the rated passenger capacity or the prescribed speed per hour;
(4) transporting hazardous chemicals in violation of the regulations on the safety management of hazardous chemicals, thus endangering public safety.
If the owner or manager of a motor vehicle is directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph, he shall be punished in accordance with the provisions of the preceding paragraph.
If an act mentioned in the preceding two paragraphs constitutes another crime at the same time, the offender shall be convicted and punished in accordance with the provisions on heavier punishment.
Criminal law
Article 42 The term of criminal detention shall be not less than one month but not more than six months.
Article 43 a criminal sentenced to criminal detention shall be executed by a public security organ nearby. During the period of execution, a criminal sentenced to criminal detention may go home for one to two days a month; those who participate in labor may be given remuneration at their discretion.
Article 44 The term of criminal detention shall be calculated from the date of execution of the judgment; if the criminal is detained before execution of the judgment, one day of detention shall be converted into one day of imprisonment.
What are the elements of the crime of dangerous driving
1. Object elements
The eighth amendment of the criminal law stipulates the crime of dangerous driving in the chapter of "crime of endangering public safety". Obviously, the object of the crime is public safety, that is, the behavior of dangerous driving endangers public safety and brings potential danger to public safety, that is, the danger to the life, body or property of the unspecified and most people.
2. Objective elements
The objective aspect of this crime is drunk driving a motor vehicle on the road or driving a motor vehicle on the road in pursuit of racing, and the circumstances are bad. Therefore, in the aspect of objective behavior, it is required to meet four conditions at the same time to constitute this crime:
(1) behavior conditions: driving a motor vehicle drunk or driving a motor vehicle in pursuit of racing. Here, the legal provisions are listed in order to criminalize drunk driving and motor vehicle racing.
The act of 'driving drunk'. Intoxication can be divided into physiological intoxication and pathological intoxication. Pathological intoxication belongs to psychosis, while physiological intoxication does not belong to psychosis. In the case of pathological intoxication, it depends on whether the actor knows that he has the physiological characteristics of pathological intoxication. If he drives a motor vehicle when he / she is in a state of pathological intoxication, he / she shall still bear criminal responsibility according to the theory of "cause free behavior"; if he / she does not know that he / she has the physiological characteristics of pathological intoxication, and drives a motor vehicle when he / she is in a state of pathological intoxication after drinking, according to the principle of "subjective and objective consistency", the penalty shall not be for this The behavior beyond the control of the will of the actor shall be punished.
The act of driving a motor vehicle in pursuit of racing. "Chasing and racing" refers to the behavior of driving motor vehicles chasing each other or driving for the purpose of pursuing speed, that is, the popular sense of "racing" behavior. Due to the different speed limits, the speed conditions for 'chasing racing' are also different. The specific number of codes should be defined according to the different situations of different regions.
(2) space conditions: driving a motor vehicle drunk or driving a motor vehicle to chase and race on the road "Road" is consistent with the scope of "road" in the crime of traffic accident. According to the provisions of Article 119 of the road traffic safety law, "road" refers to roads, urban roads and places that are under the jurisdiction of the unit but allow social motor vehicles to pass, including squares, public parking lots and other places used for public passage, that is, all places that allow social motor vehicles to pass can be called "roads" It is the road.
(3) object conditions: driving a motor vehicle. According to the provisions of Article 119 of the road traffic safety law, motor vehicles refer to wheeled vehicles driven or pulled by power devices, which are used for people to ride on the road or for transporting goods and carrying out special engineering operations, including large vehicles, small vehicles, special vehicles, special vehicles, trams, trolleybuses and other motor vehicles.
Note: as the road traffic safety law of China stipulates that driving an electric bicycle is a non motor vehicle, driving an electric bicycle or driving an electric bicycle after drunk does not constitute a crime of dangerous driving.
(4) circumstances: the circumstances are bad. The law does not make specific provisions for "bad circumstances", but according to the original intention of the legislation, drunk driving or chasing racing in downtown areas, on highways, or with many people on board can be regarded as bad circumstances.
Note: 'bad circumstances' here do not include serious injury or death. As long as the crime of dangerous driving has drunk driving or chasing racing, it will constitute the crime. If serious consequences are caused, it will be punished according to the crime of traffic accident or other charges.
3. Main elements
The subject of the crime is the general subject. Anyone who has reached the age of 16 and has the ability of criminal responsibility can become the subject of the crime. In practice, it is mainly motor vehicle drivers.
4. Subjective elements
The subjective aspect of the crime of dangerous driving is intentional, that is, knowing that the behavior of driving a motor vehicle drunk on the road or driving a motor vehicle in pursuit of racing on the road endangers public safety and hoping or letting this state happen.
Now, in all four cases, the criminal responsibility of drivers can be investigated according to law. The punishment standard of the crime of dangerous driving stipulated by law is criminal detention and fine.