2017At around 8 p.m. on May 27, a woman was crossing the road in Zhongshan City, Guangdong Province, when the street light was in a red light, and a speeding motorcycle hit her to the ground, and two people in the car also fell to the ground，The whole time I looked down at my phone, I didn't care about the busy traffic, and by the time I noticed the fast motorcycle, it was too late, and an accident was inevitable，The pedestrian Hu was sentenced to 10 months in prison by the Zhongshan City No. 1 People's Court for the crime of causing a traffic accident in accordance with the law，Suspended for one year。 Wen Wenkai, president of the Second Criminal Trial Division of the First People's Court of Zhongshan City, said，This is a typical criminal case of a pedestrian violating traffic laws and regulations，The defendant failed to cross the road as instructed at the traffic light，And use the phone all the time in the process，It was one of the main causes of this accident。 Although inside the traffic accident，Pedestrians are generally seen as "vulnerable"，However, it was determined by the on-site investigation and investigation and evidence collection by the public security traffic police department，Hu violated Article 62 of the Road Traffic Safety Law of the People's Republic of China，It was the main fault that led to this accident；In accordance with the provisions of Article 46, Paragraph 1 (2) of the Provisions on Procedures for Handling Road Traffic Accidents，Defendant Hu bears the main responsibility for the accident。 Introduced by the prosecutor handling the case，Article 1 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents".，Engaged in transportation personnel or non-transportation personnel，Serious traffic accidents occur in violation of traffic and transportation management regulations，On the basis of distinguishing the responsibility for the accident，For those who constitute a crime，Conviction and punishment in accordance with article 133 of the Criminal Law for the crime of causing traffic accidents。It can be seen from the above judicial interpretation，Non-traffic personnel can also be the subject of the crime of causing traffic accidents。 The court held that，In this case，Although Hu was a pedestrian and was seriously injured in the accident，However, Hu violated traffic and transportation regulations and crossed the road and was the main party at fault for the accident，Take primary responsibility，The accident resulted in the death of one person，Therefore, it should be determined that Hu X constituted the crime of causing a traffic accident。 According to media investigations，72.2% of respondents have the experience of crossing the street on foot and playing with their mobile phones，Only 27.8% of respondents never use their mobile phones when crossing the street on foot。 Article source:：China Youth Daily Network reprinted in：China Emergency Management News New Media Center statement：This website is reprinted、share、statement、Views remain neutral，The purpose is only to convey more information，The copyright belongs to the original author。If the copyright of the work is involved，Please contact us，We will remove the content as soon as possible!
