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one morning in may 2023, a 29-year-old man named luo was found drowned in the jialing river in yilong county, sichuan.

previously, luo attended a friend's birthday party and drank alcohol, and then drove home by himself. the surveillance showed that luo parked his car outside the residential community and did not go home, but walked in the opposite direction of the community.

afterwards, luo's family sued more than a dozen people who had been drinking together that night in court, seeking compensation of more than 670,000 yuan. on september 3, red star news learned that the court had recently rejected the relevant claims of luo's family.

tragedy:

29-year-old boy was found drowned in jialing river

the surveillance showed that he parked his car outside the community and did not return home.

luo is from yilong county, sichuan province, and is unmarried.

at about 9 a.m. on may 5, 2023, someone found luo, who had drowned, in the urban area of ​​yilong county, jialing river, and then called the police. after the forensic doctor of the criminal police brigade performed an autopsy on luo, no scars were found on the surface of the body. the forensic doctor investigated the scene and preliminarily determined that luo had drowned.

luo was only 29 years old when he died. the last time luo appeared in the surveillance footage was in the early morning of may 1. the surveillance footage showed that at 1:36:05 a.m. on may 1, luo drove back to the outside of the residential area where he lived. after parking the car, luo walked in the opposite direction of the residential area along the jialing river. afterwards, luo met a young man named li at a public toilet by the river. the footage showed that the two talked for about 8 seconds before parting.

li later recalled that he did not know luo. he happened to meet luo passing by when his car was parked on the side of the road. he heard luo speaking unfluently at that time.

at 1:37:44 a.m., luo disappeared from the surveillance video.

prosecution:

he had been drinking at a party before drowning

the family sued the person who drank with them for more than 670,000 yuan

before luo disappeared from the surveillance footage, he attended a friend's birthday party and drank alcohol that night.

judicial documents show that on the evening of april 30, 2023, luo was invited to attend his friend wang's birthday party, during which he drank with others, and then followed a group of people to a nearby karaoke bar to sing and drink. at about 1:30 a.m. on may 1, after the dinner, luo drove home alone. according to a person who attended the party that night, after the singing, someone took a taxi to take luo home, but luo did not take the taxi, but drove home by himself.

at 1:56 a.m., luo sent a wechat message to a friend saying "i'm here." the friend replied, "well, follow the rules when you're here. i'll have a bowl of noodles." luo replied, "ok."

but luo did not return home that night, and was found drowned in the jialing river a few days later. afterwards, luo's family sued more than 10 people who drank with him that night in the yilong county people's court, claiming death compensation and mental consolation money totaling more than 670,000 yuan.

wang, who celebrated his birthday that night, believed that he had fulfilled his reasonable duty of care and that he had not forced luo to drink during the banquet, nor did he force luo to drink even though he knew that luo could not drink. a person who attended the dinner that night told the court that luo drank voluntarily that night and drank about two or three bottles of beer. no one persuaded him to drink, nor did anyone force him to drink. another person at the dinner said that it was possible that luo committed suicide because he was unable to repay a high amount of online loans.

judgment:

the court rejected the family's appeal

the existing evidence makes it difficult to determine that the defendant was at fault

the court held that as a person with full civil capacity, luo should be aware of the dangers of driving under the influence, but he knew that he would drive away after the party but still drank during the dinner and singing, and drove home after the party, proving that he had a good judgement of his alcohol tolerance and was able to control his behavior. luo's family members proposed that the relevant defendants knew that luo drove to the party, drank during the party, and drove away, and did not dissuade him from driving under the influence, but they did not provide evidence to prove it.

in this case, the court was unable to verify luo's condition after drinking, and his family had no evidence to prove that luo was unable to return home safely after drinking, so the court held that the organizers and drinkers of the dinner had no obligation to escort him home safely. secondly, according to the surveillance records, luo had safely driven back to the downstairs of the residential area where he lived and parked the car safely, proving that he had self-control at the time. and according to the wechat chat records between luo and his friends, it is sufficient to prove that luo was able to know that he had arrived at his residential area, and he had not lost his cognitive ability, and luo had the capacity to act.

in addition, the police concluded that luo had drowned, but the time of his death could not be determined, and the family members did not provide relevant evidence to prove it. the court had no way to verify the specific time and cause of luo's death. therefore, it is difficult to determine that the defendants were at fault for luo's death based on the existing evidence in this case, and the plaintiff's claim that the defendants should bear compensation liability is difficult to be supported due to insufficient evidence.

ultimately, the court rejected the claims of the deceased's family.

red star news reporter wang chao