Hou is in his twenties, has just graduated from university, and has successfully found a job as a teacher. Soon after he started work, Hou made three or five friends, and he drove them home every time he drank. Although he knew that drunk driving was illegal, Hou always felt that his driving skills were good and he had never had any accidents, so he did not realize the danger of drunk driving.
However, one night, a rash decision completely changed his fate. After Hou got slightly drunk, he decided to drive home with a fluke mentality. He drove nonchalantly, not noticing the traffic lights ahead.
At a traffic light, Hou negligently pressed the wrong brake, and the car crashed straight into a BMW in front of him. Mr. Zhu, the owner of the BMW, was on his way home from his car after dinner that night, and was also waiting for the red light to turn green. Without the slightest preparation, he was knocked out by a huge force. It was already past one o'clock in the morning, and the quiet night around was shattered by this sudden accident.
Mr. Zhu got out of the car and checked his car, and saw that the rear part of the car was seriously dented, the bumper also fell off a large piece, and the trunk was seriously deformed, and he was distressed. His first instinct was to be concerned about whether anyone in the car he had collided with had been injured. When he walked to the car that crashed in, he saw Hou. The two airbags in Hou's car have all been deployed, and it doesn't look like he's hurt much.
But when Mr. Zhu continued to observe Hou, he was taken aback by one of the other party's actions. After Hou, who was halfway awake at this moment, saw Mr. Zhu, he didn't wait for Mr. Zhu to speak, and knelt down on the spot, which made Mr. Zhu a little overwhelmed. Hou confessed to Mr. Zhu in a panic at this time that he was only in his twenties and had just found a job, and if Mr. Zhu called the police, his future would be dark. He confessed that he was a drunk driver and walked unsteadily.
Mr. Zhu watched the young man kneel in front of him, and felt at a loss for a while. Hou's sincerity and repentant attitude made him a little soft-hearted. He didn't know what to do, after all, the loss of his car was not small, and he decided to find a friend to estimate it.
That night, friends from both sides gathered together, and Hou proposed that he didn't have enough money on hand, so he would transfer 20,000 yuan first, and the rest would be transferred tomorrow. Although Mr. Zhu hesitated, he finally agreed with Hou's private idea. He believed in Hou's sincerity, after all, the other party had shown his determination to turn over a new leaf.
That night, Hou sent two messages to Mr. Zhu, saying that he was willing to pay 50,000 yuan in compensation because he was drunk and driving, and had already transferred 20,000 yuan. When Mr. Zhu saw this information, he strengthened Hou's determination to sincerely compensate. He believed that the young man was a responsible person, and he felt that he did have a loss when he saw his car being hit so badly.
However, the next day, Mr. Zhu did not receive any information about Hou's transfer. He anxiously tried to contact Hou, but Hou's ** has not been able to get through. Mr. Zhu became more and more uneasy, and he felt that he had been deceived.
At the same time, Mr. Zhu received a ** threat from Hou's sister. **A strange and indifferent female voice came from the other end, she claimed to be Hou's sister, and said to Mr. Zhu that asking for 50,000 yuan is blackmail, what kind of car needs to be compensated so much money if it is hit? She also threatened that if Mr. Zhu insisted on the money, they would call the police.
After listening to the indifferent threat in **, Mr. Zhu's heart was cold. He realizes that because he is gullible to others, he has become the target of false accusations. Angry and helpless, he decided to call the police and let ** deal with the matter.
Grandma Li's point of view:
1.Hou's behavior was irresponsible, drunk driving was a serious violation of the law, and his impulsiveness led to the accident, causing financial and physical damage to others. As a victim, Mr. Zhu has the right to demand that he bear the corresponding responsibility and compensation.
2.Hou knelt down to Mr. Zhu and expressed his remorse and willingness to take it personally, showing his sincerity in realizing his mistake and being willing to take responsibility. A private approach can avoid cumbersome legal procedures and reduce financial and time losses for both parties, which is conducive to solving problems for both parties.
Aunt Gao's point of view:
1.Hou violated the law by driving while drunk and should not be easily forgiven. The other party only transferred a part of the money and lost contact, which is obviously a sign of dishonesty. Mr. Zhu should insist on reporting to the police to protect his rights and interests, and make Hou pay the due price for his irresponsible behavior.
2.Hou knelt down and made a sincere apology for his mistake, transferred money to Mr. Zhu and sent a message as a sign of compensation, showing that he was remorseful and willing to solve the problem. The sister's threat may have been a means taken by the family in order to protect themselves and not be willing to bear the responsibility for compensation, and Mr. Zhu should communicate with Hou again to solve the problem instead of immediately calling the police.
Legal Opinions:1Drunk driving is a violation of traffic laws, and the law clearly states this. According to Article 53 of the Road Traffic Safety Law of the People's Republic of China: "Anyone who drives a motor vehicle under the influence of alcohol shall be detained for not more than 15 days, fined not less than 500 yuan but not more than 1,000 yuan, and have his motor vehicle driver's license revoked." Anyone who drives a motor vehicle under the influence of alcohol, causing a traffic accident that does not constitute a crime, shall be detained for up to 5 days, fined between 1,000 and 2,000 RMB, and have his motor vehicle driver's license revoked. "Hou's drunken driving behavior clearly violated traffic laws.
2.It is illegal to conceal information about the accident, to make false statements about the vehicle, and to threaten the other party for money. According to Article 235 of the Criminal Law of the People's Republic of China: "Anyone who intentionally provides false evidence, frames others, or makes other malicious false accusations, and shall bear criminal responsibility in accordance with law, shall be investigated for criminal responsibility in accordance with law." "My sister's act of threatening Mr. Zhu to ask for money is suspected of extortion, which has corresponding provisions according to Article 289 of the Criminal Law of the People's Republic of China, and can be investigated for criminal responsibility.
3.In the event of a traffic accident caused by drunk driving, the owner of the vehicle that was hit has the right to claim compensation accordingly. According to Article 66 of the Road Traffic Safety Law of the People's Republic of China, "if a road traffic accident causes physical or property damage, the driver of the motor vehicle responsible for the accident shall be liable for compensation in accordance with the law." "Mr. Zhu has every right to demand compensation from Hou for his losses.
To demand compensation from Mr. Zhu, the following legal provisions may be invoked:
Article 66 of the Road Traffic Safety Law of the People's Republic of China: If a road traffic accident causes physical or property damage, the driver of the motor vehicle responsible for the accident shall be liable for compensation in accordance with the law.
Article 40 of the Tort Liability Law of the People's Republic of China: Where damage is caused to others due to violation of laws and regulations on the administration of public security, the civil liability borne by the tortfeasor shall be borne by the infringer.