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One rainy night in Haining, Jiaxing City, 22-year-old Kobayashi and friends drive after drinking alone in a car accident, was killed.
After the tragedy, Kobayashi deep sorrow parents to "drinking from the same night and Kobayashi five people did not do to protect Kobayashi of responsibility" as an excuse to court them, and ask them to bear 60% of the loss.
Recently, the court's final judgment of first instance, and Kobayashi drink of the night one of whom 10% loss compensation and 5000 yuan solatium.
Rainy night drunk driving,http://xmjy.sohuqz.com/home.php?mod=space&uid=83342, 22-year-old boy died in the way back
Born in 1988 in Haining Wang Miao Zhen Zhou Kobayashi home is open plant, relatively well-off family.
The evening of February 1 this year, Kobayashi alone driving a black horse six cars came to the city of Haining friend Mike guest house. That night,scarpe hogan, Li also invited Oscar, small Lu and Xiao Jiang. In addition,http://gongsi.folieyun.com/forum.php?mod=viewthread&tid=138797, Mike's grandfather, father, uncle and friend together also accompany small smell.
During the meeting,http://news.aisooo.com/bbs/thread-284764-1-1.html, Kobayashi and his friends drinking small homemade rice wine lees, emotions are running high. Around 19:00, my friends have left, but the play is not fun Kobayashi and Xiao Jin appointment continue to Haining a karaoke entertainment.
After the box, they began to drink. After Kobayashi too too few people,nike jordan pas cher, they gave Xiaojiang also shout over. Around 22:00, Xiaojiang first to leave, Kobayashi and Xiao Jin continued entertainment.
About 23:00, little gold to pay the cost of the box, 2 people to leave.
At this point, Kobayashi said to the bathroom. So Kobayashi finished Oscar asked him in a taxi home after they assured driving his car to go home first.
Kobayashi came out from the karaoke bars, drove his car home. Unexpectedly row to Henin-Hardenne in the western suburbs, the car had an accident, Kobayashi was heavily thrown from the vehicle, after she died ......
March 3, the traffic police department after the blood test report confirms Kobayashi: Kobayashi incident of alcohol content of 1.0 mg / ml for drunken driving. Police departments in order to make a confirmation of responsibility, Kobayashi is drunk driving, rain at night failed to slow down accordingly,http://qywh.ynzy-tobacco.com/forum.php?mod=viewthread&tid=71149, should bear full responsibility for this traffic accident.
Grieving parents, who sued five drink
After the accident, because Kobayashi was an only child whose father and mother Qian Lin distraught, in tears all day.
After finishing his son funeral, immersed in the grief of losing her son Kobayashi parents think: if that day is not about his son's friends to drink, his son does not drink and drive, but after drinking, among friends if you can remind each other, make sure not to drink-driving son, the tragedy would not have happened.
After thinking it over, the couple finally decided to drink that day together with his son five people - Li, Li father, small Lu, Xiao Jiang and Xiao Jin court, and requested the court shall order them to pay 60 percent of their losses.
The court held that, where a drink needs to bear responsibility
Case on April 19 was accepted Haining court. Court hearing on several occasions, sought a fair trial.
June 6, Haining court ultimately determined: Kobayashi individual response of the accident was primarily responsible. Kobayashi to travel together with the entertainment Oscar, knowing Kobayashi drink a lot of wine, but the first to leave, although oral care,http://kawo.hontrip.com/home.php?mod=space&uid=15658, but the fact still put their own driving home drunk after Ren Xiaolin, did not play accompanying obligation. Therefore, the court sentenced 10 percent of their compensation for accident losses, and then pay Kobayashi parental mental solatium 5000 yuan, totaling 40,000 yuan.
For small Lu,nike air jordan femme, Li, Li father, the court held that: because after the small Li to leave, Kobayashi is otherwise safe arrival entertainment,chaussures louboutin pas cher, this is beyond the scope of their care, so they are not at fault for this accident.
For Xiaojiang, the court held that: he was invited by Kobayashi arrival entertainment,air max pas cher,http://www.hnpy.cn/home.php?mod=spacecp&ac=blog&blogid=, then leave the box in advance. In addition, there is no evidence to prove during box Xiaojiang Kobayashi and other malicious drinks upon fault, it is the death of Xiaojiang Kobayashi no responsibility.
Counsel doubts, the court reflects the principle of equitable responsibility
Haining in Jiaxing decision caused quite a stir, the case has also been sent to users on various forums Jiaxing.
Many friends in that matter,http://xq0757.com/read.php?tid=971614, have the thread to express their views, many users also Haining questioned the court's decision. A network called "messy," the user said: "Drinking wine with friends all birds scattered, and this is normal, why drunk driving death of fellow responsible for it?"
In this regard, Zhejiang lawyer Chen Yuan believes Haining court ruling on the case, it is precisely the principle of fairness identity responsibility and liability principles of law. Kobayashi and Xiao Jin, Xiao Jiang together to sing, drink. Xiaojiang leave early, the last remaining Kobayashi and two Oscars. In this case, the only friends around Kobayashi, Oscar obligation to protect him home safely. At the time, Oscar had asked Kobayashi orally, but did not try to protect the obligation, the cause of his victims while driving drunk.
Reporters learned that Oscar the verdict without objection, there is no appeal, more than 40,000 yuan of compensation has been paid.
September 2009, a man named Zhang Feng of Shanghai men and six colleagues dinner, during which seven people drink a lot of wine. Drink, Zhang Feng riding a moped home, the way a car accident died.
Later, the family of the deceased sued the deceased co-drinkers compensation case in January this year, the case in Gimhae, Jiading District People's Court,http://demo.uooji.com/forum.php?mod=viewthread&tid=1321287, after mediation by the court, six drink were a total of 3.8 million yuan compensation for families of the deceased. |
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發表於 2015-6-27 23:52:09
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