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pedestrian ran a red light, causing the electric car owner to fall and be crushed to death, and was sentenced to two and a half years in prison

2024-09-04

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zhou ran a red light while crossing the road, and collided with lin, who was riding an electric bike, causing him to fall and then be run over by a car. zhou fled the scene, and lin died on the same day after failed rescue efforts.

on september 4, a reporter from the paper (www.thepaper.cn) learned from the pudong district people's court of shanghai (hereinafter referred to as the shanghai pudong court) that the court recently tried this traffic accident case.

surveillance of the crime scene photo provided by shanghai putuo court

at around 7 a.m. one day in may 2024, zhou ran a red light and crossed the road about 5 meters away at the crosswalk on the east side of the intersection of wuwei road and hongmian road in putuo district, shanghai. lin, who was riding an electric bicycle, happened to pass by. after the collision, lin fell into the opposite motor vehicle lane with his bicycle.

at this time, the traffic light on the opposite intersection turned green, and liu's car started to dodge, causing lin to be crushed and injured. zhou fled the scene. later, lin, the owner of the electric car, died on the same day after failed rescue efforts.

on the same day, zhou went to the public security organ to accept the investigation after receiving a phone call from the police, and truthfully confessed the incident. according to the road traffic accident identification report, zhou ran a red light in the crosswalk and was primarily responsible; lin drove an electric bicycle on the road at excessive speed and was secondarily responsible; liu drove a small passenger car normally when the light was green and was not responsible for the accident.

after trial, the court held that zhou's crime of causing a traffic accident was clear and the evidence was sufficient. zhou left the scene quickly after the accident, which was considered fleeing after the traffic accident, which was a statutory aggravating circumstance. he confessed truthfully after voluntarily turning himself in, which was considered as surrendering himself, and he could be given a lighter punishment according to law. therefore, zhou was sentenced to two years and six months in prison for the crime of causing a traffic accident.

xue yisi, a judge of the criminal tribunal of shanghai putuo court, said that traffic accident crime refers to the act of violating traffic management regulations, causing a major accident, causing serious injury, death, or causing major losses to public or private property, and being held criminally responsible in accordance with the law. the criminal law does not restrict the subject of traffic accident crime, that is, whether it is a motor vehicle owner, a non-motor vehicle owner or a pedestrian, if a traffic accident occurs due to failure to comply with traffic rules, they may become the subject of traffic accident crime.

xue yisi introduced that although pedestrians are considered a vulnerable group among traffic participants in most people's cognition, being vulnerable does not mean that they can violate traffic rules such as running red lights. if serious consequences are caused by violating traffic rules, they may also need to bear civil liability or even be subject to administrative or even criminal penalties. as in this case, zhou violated traffic rules by running a red light while crossing the road, which caused the death of lin. he was eventually sentenced to fixed-term imprisonment for the crime of causing a traffic accident, paying a heavy price.

in addition to the common "minor" violations such as "running a red light", there are also many traffic accidents caused by "negligence in observation" in daily traffic. for example, the most typical "door-opening killing" behavior: if the driver or passenger does not pay attention after parking and suddenly opens the door, causing others to fall, get injured or even die, they may also be held criminally responsible.