The driver hit the dead 120 thousand compensation for probation sued the police asked Beijing to pay

The driver hit the dead 120 thousand: compensation for probation sued the police demanded Beijing money – killed by a nameless passerby, should bear the main responsibility of the driver Zou, take the initiative to the county police department, paid 120 thousand yuan compensation. The court held that the Zou constitute the crime of traffic accident, but the active part of their civil compensation obligations, as appropriate, to be given a lighter punishment, sentenced to probation. However, Zou in the judgment completely after the commencement of prosecution renshoucounty road rescue fund, will require 120 thousand yuan as unjust enrichment to be returned. October 24th, West China Metropolis Daily reporter learned from Renshou County Court, the case will be held on October 27th. Because the case in the country are no uniform standards and methods of treatment, and in the understanding and application of law is also highly controversial, is a typical case of legal loopholes and conflicts between the upper and lower law strongly aroused great concern. He caused the accident killed by driving the nameless passerby bear the main responsibility involved in the case of the verdict, December 17, 2014 at 3 pm, the defendant zoumou driving a rental car, in the 213 state line road and a walking man collided after leaving the scene, knocked the man died on the spot. After the incident, the police investigation at the scene, Zou drove back, and inform the driver of traffic police. The traffic accident responsibility, the main responsibility of the defendant zoumou for the accident, secondary responsibility for the accident the nameless man. After the traffic accident, road traffic police department in the county the county traffic accident rescue fund, Sue Zou and the insurance company, the requirements for DOE, compensation for death were kept in escrow. But the court according to the "Supreme People’s Court on Several Issues concerning the application of law of compensation for damage in road traffic accident case explanation" twenty-sixth paragraph first: "the victim died of traffic accidents, no close relatives or close relatives are unknown, not legally authorized organs or other relevant organizations to the people’s court claim compensation for death. The provisions of the people’s court shall not accept", because the rescue fund belongs to the "authorized local regulations", "non legal authority, so in December 3, 2015 the court rejected the prosecution after the road rescue fund, the second instance upheld. He was sentenced to probation for active compensation of 120 thousand was given a lighter punishment but the dramatic scene took place in December 12, 2015, but to the Zou County Police Department, the county road rescue fund to pay 120 thousand yuan compensation. The traffic police department special account for the money, and to provide proof of payment of zou. Zou payment behavior, has also been recognized by the court. In December 17, 2015, the court verdict: Zou guilty of traffic crime, sentenced to ten months imprisonment, suspended for one year. The court held that the Zou constitute the crime of traffic accident, the voluntary surrender of justice truthfully confessed facts of the crime, Department of surrender, be given a lighter punishment according to law. Zou active part of their civil compensation obligation, appropriate sentences. He sued the police demanded the return of 120 thousand yuan of "unjust enrichment" in Zou after July 6, 2016, get a lenient sentence, he suddenly sued the police department, with poor Qing相关的主题文章: