Cao Moumou, a male, male, born in 1995 ** 被 被 被, citizenship number: 4290041995 **********, Han nationality, junior high school culture, before the incident, online car driver, household registration in Hubei Group of Xian Tao City ** Village, temporarily lived in Room **, ** Road ** Road ** of Yangpu District, Shanghai. On March 31, 2021, the Chongming Branch of the Shanghai Public Security Bureau was criminally detained in accordance with the law for suspected traffic accidents.
The case was ended by the investigation of the Chongming Branch of the Shanghai Public Security Bureau and was transferred to the court on January 17, 2022 to the court for review and prosecution by the non -prosecutor Cao Moumou. After the acceptance of this court, the next day, it was informed that the non -prosecutor had the right to entrust the defender and the legal consequences that the penalty could be caused. The close relatives of the victim had the right to entrust the lawsuit to the lawsuit, and questioned the non -prosecutor in accordance with the law and listened to it. The opinions of the victim’s family reviewed all case materials.
After review by law:
At 5:35 on March 31, 2021, the brand that was not leased by Cao Moumou was Shanghai AF **** small sedan.时，因其驾驶机动车未靠道路右侧通行且违反文明驾驶规定而分别与对方向在道路东侧由南向北被害人沈某甲骑驶的号牌为上海67****电动自行车及The victim Huang Moumou’s number plate was a collision of Shanghai 38 **** electric bicycles, causing damage to the vehicle, Huang Moumou’s injury, Shen Moujia died on the spot. After determining the accident of the traffic police detachment of the Chongming Branch of the Shanghai Public Security Bureau, Cao Moumou’s total responsibility for the accident, Shen Moujia and Huang Moumou did not bear the responsibility of the accident.
After the accident, Cao Moumou’s initiative to report to the police, waiting for the scene and actively rescued the wounded. After the case, the above -mentioned criminal facts were truthfully confessed. A few days ago, the victim Huang Moumou had received Cao Moumou’s compensation RMB 55,000 (the following currencies are RMB); 38.6668 million yuan and Cao Moumou compensated 49,000 yuan (the remaining 60,000 yuan has been negotiated with Cao Moumou and the victim Shen Moujia’s family membership payment). Cao Moumou has been understood in writing by the above -mentioned victims and family members of the victims.
The evidence of identifying the above facts is as follows:
1. The one -click search for super search information, ID card copy, and criminal suspect’s illegal crime information verification form from the Shanghai Public Security Bureau confirmed that the non -prosecutor Cao Moumou had reached legal and completely criminal responsibility age when he committed the crime. Identity information and no prevalence.
2. The Shanghai Public Security Bureau’s case (event) issued by the public security organs receiving a report, the registration form, the case of the case, the 110 incident registration form, and the call for details. A traffic accident occurred near the Panlong Highway and the intersection of the construction of the North Road and the electric bicycle. Cao Moumou, who was not prosecuted, took the initiative to call the police, waited for the scene and truthfully confessed the above criminal facts.
3. The results of the test form of the drug driving (urine test) and the exhalation alcohol tester confirmed that Cao Moumou was not toxic and drunk driving.
4. Driving license information, motor vehicle driving license, photocopy of driver’s license, vehicle detailed information, motor vehicle traffic accident liability for compulsory insurance policy, commercial insurance policy, Shanghai taxi operating license confirmed, Cao Moumou’s driving license and rental car Related conditions such as the driving card is complete.
5. Shanghai Public Security Bureau’s population business inquiry management system information, ID card copy, a copy of the temporary resident ID card, and basic information of the vehicle have confirmed that the victim Shen Moujia, Huang Moumou’s identity information and two electric bicycles are related.
6. The first aid case, the medical certificate of the resident death, the guarantee, the cremation of the remains, the thermalization certificate of the body of the residents, and the thermalization of the body, and the Judicial Appraisal Opinions of the Judicial Appraisal Center of the Shanghai Medical College of Fudan University confirmed that on March 31, 2021, the victim Shen Moujia was on the spot due to a traffic accident on the spot. Death, the cause of death is in line with road traffic accidents, causing injuries to the whole body. In addition, ethanol composition was found in the blood.
7. Notice of injury testing and the outpatient medical records of the Chongming Branch of Xinhua Hospital affiliated to Shanghai Jiaotong University School of Medicine confirmed that the victim Huang Moumou had eyeballs due to the accident.
8. Household registration copy, copy of ID cards, civil judgments, civil jets, civil mediation letters, receipt, understanding, and Didi company transfer vouchers confirmed that Cao Moumou has conducted with the victim Shen Moujia’s family on the economic compensation of the accident. Civil litigation and later reached a mediation agreement. A few days ago, the victim Shen Moujia had received a compensation of 1.182 million yuan in insurance companies, 386.668 million yuan paid by Didi Company and 49,000 yuan for Cao Moumou. Payment). The family members of the victims have been understood by Cao Moumou.
9. Transportation accident understanding, people’s mediation agreement, and road traffic accident economic compensation voucher confirmed that it has been compensated by the victim Huang Moumou for the victim of the victim, and was written in writing.
10. The "Road Traffic Accident Confix" issued by the Transportation Police Detachment of the Shanghai Public Security Bureau and the situation of Shen Moujia’s electric bicycle after being drunk, which is confirmed by the situation of the responsibility of the accident. Cao Moumou’s responsibility for the accident; Shen Moujia drunk riding electric bicycles does not work on traffic accidents and the consequences of damage. The two victims had no fault in the accident. Responsibility for the accident.
11. Shanghai Fenglin Judicial Appraisal Co., Ltd.’s judicial appraisal opinions confirmed that the safety technical status of the car involved in the case is in line with the relevant provisions of GB7258-2017 "Technical Conditions for Motor Vehicle Operation Safety"; the safety technical status of the two electric bicycles involved in the case meets GB17761-2018 " The requirements of the Safety Technical Specifications of Electric Bicycles; at the time of the accident, the license plate is "Shanghai 67 ****" electric bicycle carried by people to carry people’s traffic behavior. A collision of electric bicycles can be established.
12. On -site pictures of road traffic accidents, surveys of road traffic accidents, photos, photos, CD -ROM confirmations, car accidents and other related situations.
13. The statement of the victim Huang Moumou confirmed that at 5:35 on March 31, 2021, when the electric bicycle was driving along the east side of the Pinglong Highway from south to north to the south side of the south side of the river bridge, about 200 meters, It was suitable for a sedan to drive quickly from the middle to southeast along the middle road to the southeast, and it avoided it westward. Later, it felt like a electric bicycle or a car colliding.
14. Witnesses Shen Mou’s testimony confirmed that it was the son of Shen Moujia. On March 31, 2021, Shen Moujia drove an electric bicycle and collided with a small sedan on the way along the Pinglong Highway. His mother said that Shen Moujia went to the construction site from his home when he was at the time of the incident.
15. The confirmation of the confession of the non -prosecutor Cao Moumou was confirmed that at 5:35 on March 31, 2021, the driving number was Shanghai AF **** small sedan, and it was driving north to south along the Dragon Highway in this area to the south to the shoulder. The road milestone hit two electric bicycles at 6.7 kilometers, resulting in related facts such as one death and one injury.
The court believes that Cao Moumou, who was not prosecuted, implemented the behavior stipulated in Article 133 of the Criminal Law of the People’s Republic of China, but the circumstances of the crime were mild. And its close relatives made financial compensation and obtained written understanding, according to the provisions of Article 67, paragraph 1 and 37 of the Criminal Law of the People’s Republic of China, can be exempted from criminal punishment. According to the provisions of Article 177 of the Criminal Procedure Law of the People’s Republic of China, it was decided not to prosecute Cao Moumou.
Three seized CD -ROM returned to the Chongming Branch of the Shanghai Public Security Bureau.
If the non -prosecutor’s decision, if he does not accept the decision, he can appeal to the court within seven days after receiving the decision.
If the victim’s close relatives do not accept the decision, they can appeal to the Second Branch of the Shanghai People’s Procuratorate within seven days after receiving this decision, and ask for a public prosecution; they can also filed a self -prosecution directly to the Shanghai Chongming District People’s Court of Shanghai.