The drunk man died in the garage, and the friend who was drinking with him was given a 2 year probat

Mondo Social Updated on 2024-02-07

February** Dynamic Incentive Program

During the Spring Festival, relatives and friends get together, it is inevitable to drink to celebrate, but drink in moderation, do what you can, and do not over-persuade alcohol, let alone pour alcohol, and fellow drinkers also have the obligation to send drunk people home safely, otherwise they may get into a lawsuit

At about 18 o'clock on the evening of December 7, 2020, the victim Liu XX1 and his friends drank at a hot pot restaurant until about 20 o'clock, and then Liu XX1 and his friends walked to a friend's house to drink tea, and then Liu XX1 took a bus home, and after getting off the bus, he fell on the side of the road due to drunkenness, and passers-by dialed 110 to call the police, and at about 21:10 on the same day, the defendant Zhao XX rushed to the scene with the police.

Zhao XX took Liu X 1 to the community garage, and without taking any measures, put the unconscious Liu X 1 alone on the garage. At about 5 o'clock the next day, Zhao Moumou found that Liu Moumou 1 had died, so he dialed 110 to call the police.

It was identified that Liu Mou1 was consistent with the death of acute ethanol poisoning to acute circulatory and respiratory dysfunction on the basis of myocarditis with myocarditis and myocardial necrosis, and pneumonia and cold stimulation could promote and aggravate the occurrence and development of dysfunction.

After the case was discovered, defendant Zhao XX actively compensated the victim's relatives for their losses and obtained forgiveness.

After trial, the court held that the defendant Zhao XX caused death by negligence, and the circumstances were relatively minor, and his conduct constituted the crime of negligence causing death, and should be punished in accordance with law. The facts of the public prosecution's accusation that defendant Zhao XX committed the crime of causing death by negligence are clear, the charges are established, and the sentencing recommendation is appropriate, and this court supports it. With regard to the defense opinions put forward by defendant Zhao XX's defender, upon investigation it is found to be true, this court adopts it. Defendant Zhao XX voluntarily surrendered and truthfully confessed his crimes, and he surrendered voluntarily and may be given a lighter punishment; The voluntary admission of guilt and acceptance of punishment may be given a lighter punishment; Those who actively compensate the victim's relatives for their losses and obtain forgiveness may be given a lighter punishment as appropriate. Based on the circumstances of his crime and his expression of remorse, the risk of recidivism is small, and the application of a suspended sentence has no major adverse impact on the community in which he lives, this court has decided to announce a suspended sentence and transfer him to the relevant community corrections organization for community corrections.

The court ruled that the defendant Zhao XX committed the crime of negligence causing death and was sentenced to one year and one month imprisonment with a two-year probation.

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