Guy drunk driving car crash last farewell drinking buddy Pipan Pei
a rainy night in Haining City, Jiaxing City, 22-year-old Kobayashi and friends drive after drinking alone in a car crash, was killed.
after the tragedy, not kill Kobayashi parents to "drink the same night and Kobayashi did not do the 5 Kobayashi responsibility to protect" as an excuse them to court and asked them to take 60% loss.
recently, the court of first instance final decision, one night, and Kobayashi, 1 cup in 10% of compensation for losses and 5,000 yuan solatium.
rainy night in a drunk driving, 22-year-old guy died in the way back
1988 Zhou was born in Haining City, Kobayashi Wang miaozhen people are open plants at home, his family was relatively well off.
the evening of February 1 this year, Kobayashi alone driving a black car horse six friends to Xiao Li, Haining city guest house. Evening, invited Xiao Jin Xiao Li, Lu and Xiao Jiang small. In addition, Mike's grandfather, father, uncle and friends, accompanied by a small press out with.
During the reception, Kobayashi and his friends drinking a small Li-made rice wine, emotions are running high. 19:00 or so, my friends leaving one after another, while the good time they do not have fun in the Kobayashi and Xiao Jin Haining appointment to continue to a certain bar entertainment.
to the box, the two began drinking. After too few Kobayashi too, he gave the Xiaojiang also cried over. About 10 pm, Xiaojiang first to leave, Kobayashi, and little gold to entertainment.
around 11 pm, little gold box fees paid, 2 people to leave.
At this point, Kobayashi said to the bathroom. Therefore, Xiao Jin Kobayashi finished asked him in a taxi home, then rest assured that driving your own car first home.
Kobayashi came out from the karaoke bars, drove his car home. Unexpectedly, Haining line to the western suburbs, the car went out of the car accident, Kobayashi was heavily thrown from the vehicle, died from post-... ...
3 3, the traffic police department after the blood test report on the Kobayashi confirmed: time of the incident Kobayashi alcohol content of 1.0 mg / ml, for drunken driving. Responsibility for public security traffic police department in order to identify, Kobayashi is a drunk driving rain during the night can not slow down accordingly, should bear the full responsibility for the accident.
parents grief, sued five drink from those
after the accident, as Kobayashi was an only child, his father and mother Qianmou Lin distraught, in tears all day .
after finishing his son after the funeral, immersed in the grief of losing her son Kobayashi parents say: If the day about his son's friends did not go for a drink, his son will not drink and drive after drinking among friends if they can remind each other, do not let her son drink driving real tragedy would not have happened.
after thinking it over, the couple finally decided to drink together with his son the day 5 - Xiao Li, Xiao Li, father, small Lu, Xiao Jiang and Xiao Jin to court and ask the court to award them according to law to pay 60% of its losses.
court held that, where a drink from the need to worry responsibility
the case on April 19 by Haining courts. Court hearing on several occasions, sought a fair trial.
this month on the 6th, the Court ultimately determined Haining: Kobayashi individual should bear the main responsibility for this accident. Kobayashi went along with the entertainment of the little golden, knowing Kobayashi drink a lot of wine, but first to leave, although oral care, but in fact is still the place to go home instead of driving drunk Ren Xiaolin, did not play accompanying obligations. Therefore court sentenced 10% of compensation for the accident loss, and then the parents pay moral damages solatium Kobayashi 5,000 yuan, a total of 4 million yuan.
small Lu, Xiao Li, Xiao Li, the father, the court held: Because after the departure of the small Li, Kobayashi is a safe alternative to reach places of entertainment, this is beyond the scope of their care, so they are the no fault accident.
For Xiaojiang, the court said: he was invited by Kobayashi reach places of entertainment, then leave the box in advance. In addition, there is no evidence to prove Xiaojiang Kobayashi in the box malicious drinks upon during such fault, so Xiaojiang not responsible for the death of the Kobayashi.
counsel to the construction, court decisions reflect the principle of fair liability
in Jiaxing, Haining 法院对该案 decision caused quite a stir, the case has been sent to users Hai Ba Jiaxing various forums.
many friends in that matter, one after another thread to express their views, and many users Haining also questioned the court's decision. A network called "messy" the user said: "We meet up with friends drinking wine scattered birds and animals, and this is normal, why should the death of the drunk driving companion responsible then?"
this, Zhe Jiang Haixing that the law firm Chen Yuan, Haining court decision in this case, precisely embodies the principle of legal responsibility and the identity of the fair principle of responsibility. Kobayashi and Xiao Jin, Xiao Jiang went singing and drinking. Xiaojiang leave before the last two remaining Kobayashi and little gold. At this point, as the only close friend Kobayashi, Xiao Jin obligation to protect his home safely. At the time, had asked Kobayashi Xiaojin orally, but did not make the obligation to protect, resulting in drunken driving on his way to his death.
journalists understand that the little gold on the verdict without objection, no appeal, 4 million yuan of compensation shall have been paid.
2009 年 9 months, the Shanghai A man named Zhang Feng and colleagues 6 dinner, dinner, drink a lot of wine 7. Drink, Zhang Feng riding a moped to go home, the way a car accident died.
later, the family sued the deceased co-drinkers compensation case, in January of this year, the case in Gimhae Jiading District People's Court, after mediation by the court, six cup in total compensation for those who the family 3.8 million yuan.
