Court: The coach didn't instruct in the car.
□ Evening News reporter Yan Lu
This newspaper reports that students learn to drive in driving schools, but as coaches, they don't follow the coach. As a result, a female student was killed on the spot when the student backed up. Yesterday, Xu Tao, the coach of Dafeng Traffic Automobile Driver Training Co., Ltd. (hereinafter referred to as Dafeng Driving School), was sentenced to two years' imprisonment by Zhongyuan District Court for committing traffic accidents.
The coach didn't follow the car, and the student killed a man. On February 20th last year17,65438, Hong Yuyang, who was studying driving in Dafeng Driving School, drove a heavy truck to practice the ramp start project in the driving school yard, but coach Xu Tao didn't follow the car. 17: 24, when Hong Yuyang was reversing downhill from west to east, Yan Ting, a student standing next to the guardrail, was squeezed between the guardrail and the rear of the car because of too fast speed, and Yan Ting died on the spot. The traffic police department decided that coach Xu Tao should take full responsibility for the accident.
The public prosecutor believes that the Road Traffic Safety Law stipulates: "Learning motor vehicle driving skills on the road should be carried out by coaches, under the guidance of coaches, and personnel unrelated to teaching are not allowed to take coaches. If a student violates road traffic safety or causes a traffic accident while learning to drive, the coach shall bear the responsibility. " Xu Tao should foresee that Hong Yuyang, as a trainee, has no driving experience, is not familiar with road conditions and car conditions, and driving alone cannot guarantee safety, so he has the obligation to stop and avoid safety accidents. Inadvertently, he didn't foresee it, which directly led to the crash of another student. Subjectively, there was gross negligence in the accident in this case, which objectively caused the serious consequences of the death of a student. At the same time, the accident occurred in the driving school yard and did not belong to the legal category of "road". According to relevant regulations, Xu Tao's behavior can only constitute the crime of negligent death.
The coach was sentenced to two years in prison for committing traffic accidents.
However, the court held that Xu Tao should constitute a traffic accident. In this case, Xu Tao's behavior occurred in a public place, which has violated the safety of public transportation. Dafeng driving school has not been completely closed. The road for student Hong Yuyang to practice driving is an urban public road. Although there are not many vehicles, they belong to public places. Therefore, Xu Tao's behavior has violated public safety and should constitute a traffic accident crime.
The court finally found that Xu Tao, as a driving training instructor, was obliged to follow the vehicle to guide the trainees and ensure their safety. However, he did not follow the vehicle to guide the students to drive the motor vehicle, causing a traffic accident and causing one death. He is subjectively at fault and should bear the responsibility.
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