The Verification Of Traffic Accident Crime

Traffic accident crime is a hot topic on the current social, among them, Mr.Li’s case is one of the focus of public attention in2011. This is a significant traffic accident case which have great impact in the law field. The driver,Mr.Li in drunken driving knocked down two skating girls, causing one death and one serious injury as a result. After the accident, the public security organ confirmed it’s drunken driving and over speeding through investigated and collected evidence. So, the criminal suspect, Mr.Li was approved the arrest on suspicions of traffic accident crime by Wang Du County People’s Procuratorate. The first trial made by Court on January30,2011, and Mr. Li has been sentenced to6years in prison for traffic accident crime.After the decision, the case has promoted the study of traffic accident crime, which led to the debate on two core focus, first of all, which crime should be determined,"traffic accident crime" or "crime of endangering public security with dangerous methods"?Second, if it’s determined as traffic accident crime,whether the measurement of penalty is appropriate?Through the analysis of the case, and compared it with the crime of endangering public security with dangerous methods, concluded that Mr. Li without direct intent at the time the crime was committed, his drunken driving behaviour conformed to the constitutive requirements of traffic accident crime, belongs to the category of the traffic accident. By the way, it couldn’t apply to the application opinions about drunken driving crime which issued by the Supreme People’s Court. So, this case should be confirmed as traffic accident crime.In sentencing, Mr. Li has escaping behavior after the crime, and his behaviour has caused serious harm result, all of this belongs to legal heavier punishment. While, at the same time, Mr. Li’s family can actively compensate the victim and have achieved the victim’s understanding, he can be given a lighter or mitigated punishment. Considering all factors, the people’s court sentenced Mr.Li to6years in prison is moderate.