[Brief facts of the case].
At about 18:00 on March 31, 2022, when the defendant Zhang Moumou drove a small van to temporarily stop on the XX side section of XX Street, Luonan County, and opened the car door, he collided with a (fake) two-wheeled motorcycle driven by Wang in the same direction, causing Wang to fall to the ground and be injured, and the vehicles of both parties were damaged. The traffic management brigade determined that the defendant Zhang XX was primarily responsible for the accident, and Wang was secondarily responsible for the accident. After the traffic accident occurred, the defendant Zhang XX reported to the police through **, and was able to truthfully confess the facts of his crime after arriving at the case.
During the investigation and review for prosecution phase, defendant Zhang XX successively compensated the victim's family for various economic losses totaling 75,000 yuan, and the victim's family expressed forgiveness for Zhang's criminal conduct.
Court decision
In accordance with the provisions of Article 133, Article 67, Paragraph 1, Article 72, Paragraph 1, and Article 73, Paragraphs 2 and 3 of the Criminal Law of the People's Republic of China, the judgment is as follows:
Defendant Zhang XX committed the crime of causing a traffic accident and was sentenced to one year imprisonment with a suspended sentence of one year and six months (the probationary period of the suspended sentence is calculated from the date on which the judgment is determined).
[Lawyer's Commentary].
As a trivial matter in daily life, "opening and closing the door" is an action that drivers and passengers will inevitably do when getting on and off the bus, but a little carelessness is easy to cause accidents, and the damage caused is generally serious. In recent years, there have been many reports of accidents caused by "open door killing".
The so-called "door opening kill" refers to the situation that the driver of the vehicle or the passenger in the car does not carefully observe whether there are pedestrians or oncoming vehicles behind after the vehicle is stopped, and rashly opens the door, resulting in a collision between the pedestrian or the passing vehicle and the reaction. This seemingly simple act of opening the door can have serious consequences and even lead to criminal liability.
In the perception of ordinary people, traffic accidents should occur only when the vehicle is driven due to the driver's illegal driving behavior. "Traffic accident crimes" refers to criminal conduct that violates road traffic management regulations and causes a major traffic accident, causing serious injury or death to a person, or causing major losses to public or private property, and is pursued for criminal responsibility in accordance with law. However, if the vehicle does not start, but only opens the door during the parking process and causes a person**, does it constitute a traffic accident crime?
In this case, Zhang Moumou violated Article 63 of the "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China" which stipulates that "the vehicle shall not open the door and get on and off the door before it is stopped, and shall not obstruct the passage of other vehicles and pedestrians when the door is opened and closed", violating the national road traffic safety management regulations, resulting in a major traffic accident, resulting in the death of one person and bearing the main responsibility for the accident, and his behavior has constituted the crime of causing a traffic accident, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention in accordance with law. Comprehensively considering the mitigating and mitigating circumstances of defendant Zhang's voluntary surrender, compensation for the victim's losses and obtaining forgiveness, and voluntary admission of guilt and acceptance of punishment, the court finally made the above judgment.
[Legal Provisions].
Article 133 of the Criminal Law of the People's Republic of China [Traffic Accident Crime] stipulates that whoever violates traffic and transportation management regulations and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
Article 63 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China stipulates that motor vehicles shall comply with the following provisions when temporarily parking on the road: (1) No parking shall be allowed on road sections with no-parking signs and markings, road sections with isolation facilities between motorized lanes and non-motorized lanes and sidewalks, as well as crosswalks and construction sites; (2) No parking is allowed at intersections, railway crossings, sharp bends, narrow roads with a width of less than 4 meters, bridges, steep slopes, tunnels, and road sections within 50 meters from the above-mentioned places; (3) In front of bus stops, first-aid stations, gas stations, fire hydrants or fire brigades (stations) and road sections within 30 meters of the above-mentioned places, except for the use of the above-mentioned facilities, no parking is allowed; (4) Before the vehicle is stopped, the door shall not be opened and the person shall not get on and off, and the door shall not be opened or closed to obstruct the passage of other vehicles and pedestrians; (5) Roadside parking should be close to the right side of the road, and the driver of the motor vehicle shall not leave the vehicle, and shall leave immediately after getting on and off personnel or loading and unloading items; (6) City buses are not allowed to stop and pick up and drop off passengers on road sections other than the stops.
[Conclusion].
A little more careful, a little less dangerous!
Before getting on and off the vehicle, the driver and passengers of the vehicle should carefully observe the surrounding situation through the rearview mirror and window glass, and then open the door under the condition of ensuring the safety of the surrounding traffic to avoid the occurrence of "open door killing" accidents.
Tips for opening the car door correctly:
"He's Open the Door" methodUse the hand farther away from the door to open the door, that is, the left driver will open it with the right hand and the right driver will open it with the left hand. When the driver and passenger change to the hand that is farther away from the door, that is, the right hand to open the door, the upper body will naturally rotate, and the head and shoulders will involuntarily look out, and the vehicle coming behind can be observed in time.
The "two-stage door opening" methodOn the premise of ensuring the safety around the car, when the driver and passengers open the door, do not open it all at once, but open a small slit first. Then turn your head back to observe the situation behind you, and then push the door after confirming that it is safe. The slightly open door plays the function of active warning, and this is where it has more advantages than the "Dutch door".
[Case**].
China Judgment Network: Judgment of the People's Court of Luonan County, Shangluo City, Shaanxi Province (2022) Shaanxi 1021 Xingchu No. 5X.