Yesterday morning, the Hangzhou Municipal Public Security Bureau held a press conference on the "May 7" traffic accident case. Zheng Xiansheng, spokesperson and executive deputy director of the Hangzhou Municipal Public Security Bureau, answered questions of general public concern and apologized to the public for the "70 yards" (ie 70 km/h) statement.
Zheng Xiansheng said that the alleged offender Hu Bin has been the same day by the public security organ traffic accident to the prosecution for approval.
The perpetrator, Hu Bin, takes full responsibility
Zheng Xiansheng first reported the investigation of the "May 7" traffic accident. He introduced that at about 20:08 on May 7, the perpetrator Hu Bin (male, 20 years old, a student of the Department of Physical Education of Hangzhou Normal University) drove a small car (license plate number is Zhejiang A608Z0), Kong Weiwei, and Yuan ****** respectively drove to Xicheng Square to watch a movie. While passing through the section of Nandu Dejia West District of Wener West Road, the vehicle driven by Hu Bin hit Tan Zhuo (male, 25 years old, registered at Building 9-2, No. 1 Chuangye Road, Puyan Street, Binjiang District, Hangzhou, an employee of Hangzhou Yisai Communication Company), killing Tan Zhuo. After the accident, the traffic police department of the Hangzhou Municipal Public Security Bureau found out that Hu Bin had a traffic violation of speeding, and failed to stop or slow down the pedestrians when driving through the crosswalk, which was suspected of constituting a traffic accident. On May 8, the Hangzhou Municipal Public Security Bureau executed criminal detention of Hu Bin.
Zheng Xiansheng said that the public security traffic police department has determined that Hu Bin took full responsibility for the accident, and the victim Tan Zhuo was not responsible.
Zheng Xiansheng said that on May 15, the Hangzhou Public Security Bureau asked the procuratorial organs for approval of the arrest of the alleged offender Hu Bin on suspicion of traffic accident.
The term "70 yards" is not rigorous and inappropriate
"It is not rigorous and appropriate for the police department to quote the perpetrator and his companions about 70 yards," Zheng Xiansheng said of the traffic police’s initial determination that Hu Bin’s speed was "70 yards", which caused widespread public skepticism. We apologize for the misunderstanding caused. "
On the question of whether Hu Bin was "drag racing", Zheng Xiansheng said that according to witness testimony, suspect confessions, video materials and identification conclusions, Hu Bin committed serious illegal speeding behavior. "For traffic violations such as drag racing and illegally modified cars on urban roads that seriously endanger people’s lives and safety, we will always insist on strict supervision and heavy punishment according to law," Zheng Xiansheng said.
The local police also released surveillance video of the vehicle’s trajectory. It was also revealed that the alleged offender Hu Bin clearly expressed no objection to the appraisal report of the "May 7" traffic accident case, and the family members of the victims have not yet expressed their position.
Secretary of the Municipal Party Committee:
I am responsible for the death of Tan Zhuo
Will be strictly investigated and dealt with with an "iron fist"
Yesterday, Wang Guoping, a member of the Standing Committee of the Zhejiang Provincial Party Committee and Secretary of the Hangzhou Municipal Party Committee, responded to netizens’ concerns about the "May 7" traffic accident in an online interview jointly held by Hangzhou.com and Zhejiang Online.
"As party secretary, I also have an unshirkable responsibility for Tan Zhuo’s tragic death," Mr. Wang said. "The party committee and municipal government will investigate and deal with this matter strictly and quickly according to the law with iron determination and iron skills, and strictly prevent such tragedies from happening again in Hangzhou."
Wang Guoping said that the Hangzhou Municipal Party Committee and Municipal Government have clearly requested the law enforcement departments to immediately start special project rectification actions, resolutely investigate and punish serious traffic violations such as drag racing and speeding, and severely punish the unauthorized modification and change of motor vehicle engines, exhaust pipes and other devices. (Zeng Xiangrong)
The police explained:
Whether it constitutes a crime against public safety
It’s up to the court to decide
Asked why Mr. Hu had been arrested on "suspicion of causing a traffic accident", Mr. Zheng explained: "This is mainly based on the relevant facts and evidence obtained at this stage. What kind of crime Hu Bin constitutes ultimately depends on the court’s judgment."
Some lawyers analyzed to reporters that whether the procuratorial organs prosecute for the crime of endangering public safety depends on whether the case meets the constituent elements of the crime. If the constituent elements of the crime of endangering public safety are met, even if the procuratorate does not prosecute the alleged offender for the crime of endangering public safety, the court will do so. (Zeng Xiangrong)
The sentencing of the two crimes is very different
Crimes against public security: sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or the death penalty.
Traffic accident crime: sentenced to fixed-term imprisonment of not more than 3 years or criminal detention; those who escape after a traffic accident or have other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years; those who cause death due to escape shall be sentenced to fixed-term imprisonment of not less than 7 years.
Chengdu case:
One killed and five injured in drag racing
Car owner charged with "endangering public safety"
On the evening of April 26, Jiang Jiajun, a son of a wealthy family, was drunk and drove an unlicensed "Humvee" in a serial crash, causing one death and five injuries. The local police asked the prosecutor to approve the arrest on the grounds that Jiang Jiajun was suspected of "traffic accident", but the Chengdu High-tech District Procuratorate decided to approve the arrest of Jiang Jiajun on suspicion of "endangering public safety by dangerous methods".
The prosecutor described four reasons for the change: driving while intoxicated; speeding, with the speed limit of 60 kilometers per hour on the Second Ring Road, when the suspect was driving at a speed of 80 to 100 kilometers per hour; driving in a series of collisions, which caused serious consequences; and the suspect’s "crazy" behavior, which meets the criminal constitution of "endangering public safety."
Some legal sources say that the Chengdu drag racing case can be regarded as a model version of the Hangzhou drag racing case.
Event playback:
On May 7, Tan Zhuo, a 25-year-old graduate of Zhejiang University, was hit by a speeding Mitsubishi sports car while crossing the road in downtown Hangzhou and died due to ineffective rescue.
In the early morning of May 8, the incident was exposed on the Internet, and netizens went viral, conducting "human flesh searches" for the perpetrators and their parents.
On May 8, Cai Qi, mayor of Hangzhou, said: "This is an appalling tragedy. The city’s traffic police detachment should analyze it well and take further measures to strictly prohibit illegal speeding. The perpetrators should be severely punished according to law. Make up your mind to completely solve the problem of illegal speeding."
On the afternoon of May 8, the Hangzhou police, based on the confession of the perpetrator, said that the speed of the car was 70 yards, which aroused doubts among netizens.
On the evening of May 8, thousands of people spontaneously gathered at the scene to pay tribute to Tan Zhuo.
On May 9, the perpetrator, Hu Bin, was detained by the police on suspicion of causing a traffic accident.
On May 10, the Hangzhou Public Security Bureau said that it would handle the case fairly based on the law to ensure that the facts are clear and the evidence is conclusive.
On May 12, the person in charge of the Hangzhou Municipal Public Security Bureau introduced that in order to objectively, fairly and scientifically determine the speeding and vehicle modification problems involved in the accident, the public security organ has commissioned the Zhejiang Blue Arrow Product Quality Judicial Appraisal Office to conduct the appraisal.
On May 14, the accident appraisal report was released, and the conclusion that the speed of the vehicle was 70 yards was overturned. The speed of the accident vehicle on the road section was in the range of 84.1 km/h to 101.2 km/h, and the engine intake and exhaust system, headlights, suspension, tires and rims, and interior of the vehicle had been modified or partially modified on the basis of the original model.
On May 15, the Hangzhou Public Security Bureau asked the procuratorate to arrest the perpetrators and apologized for the previous 70-yard claim.
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