At 7:00 pm on April 14, 2016, when Ms. Guo drove her car through a junction without traffic lights, Gu Mou drove a van to turn left and turn left. The two cars collided, causing Ms. Guo to be one year old. Half of the son's head injury, died after being sent to the hospital for treatment. The police issued a traffic accident liability certificate, and Gu Mou was responsible for the main road traffic accident. Ms. Guo was responsible for the secondary responsibility.
Gu was found involved in the investigation and prosecution for alleged traffic accidents. During the court hearing, Gu Mou argued that although he was mainly responsible for traffic accidents, the death of the baby was mainly due to his failure to take the safety seat. Ms. Guo had a major fault. Ms. Guo should bear the main responsibility. Does not constitute a crime.
At the same time, the court showed the responsibility for the identification of traffic accidents to Gu, and also explained to Gu that the reason for the responsibility of the traffic police brigade: Gu had a serious fault in violation of the principle of road rights, so he was determined to be the main responsibility for the road traffic accident. Ms. Guo’s failure to equip her child with a safety seat is a violation of safety principles and a secondary responsibility. Hougu pleaded guilty and reached a compensation agreement with Ms. Guo and her husband, the relatives of the victim. The relatives of the victim issued a letter of understanding to the court.
In the end, the court sentenced Gu to one year in prison for traffic accidents and suspended his sentence for two years.
At the moment, some car owners mistakenly believe that China's laws and regulations do not have provisions for the use of safety seats for infants. In fact, as early as 2012, China has launched the first mandatory national standard for the safety of children in motor vehicles - "Conditional System for Motor Vehicle Child Crew", stating: "Adult belt buckle and child restraint system The buckles are not universal and children should not use adult safety belts. This means that after the standard is implemented, the car will be forced to install a child seat belt or child safety seat. At the same time, Shanghai, Shenzhen, Shandong and other places pass the place. Legislation stipulates that children under the age of 12 are not allowed to ride in the co-pilot position of any type of car. Children under the age of 4 are required to use small, miniature non-operating passenger cars. Children must use child safety seats that meet national standards. In the event of an accident, the provision of a safety seat for a minor passenger is not considered a fault and bears the corresponding responsibility for the accident. Of course, this responsibility is only a safety principle, usually a secondary responsibility. The secondary responsibility does not exempt the parties from the primary responsibility, nor can it be excused from the grounds for criminal liability. Court decisions are legally based.
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