People's Procuratorate of Wuwei County, Anhui Province

　 Criminal appeal review decision

　　 Application for retrial without prosecution [ two thousand and fourteen 〕 four number

　　 The complainant Yang ××, female, forty-one , Han nationality, unemployed, living in Wuwei County ****** 。

　　 Gao ××, male, who was not prosecuted in the original case, forty-seven Aged, Han nationality, driver, living in Lujiang County, Hefei City ****** 。

　　 The complainant refuses to accept the Wuwei County People's Procuratorate's refusal to prosecute without prosecution two thousand and fourteen ] Para nine The non prosecution decision made against Gao ×× in the No. non prosecution decision. The complainant filed a complaint to the Court on the ground that Gao ××'s behavior constituted a traffic accident crime and should be prosecuted according to law two thousand and fourteen year five month sixteen Hitachi case review.

　　 The hospital rechecked and found that: two thousand and fourteen year two month twenty-six day twenty-three Hour fifteen Sub license, Ma Haixi drives Anhui BP0363 The No. 1 positive three wheeled passenger motorcycle runs from west to east along Erjun Road, Wuwei County, to 68KM +200M At the road section, Tao ××, a pedestrian, was scraped and hit, causing Tao ×× to fall to the ground. After the incident, Ma Haixi drove away. twenty-three Hour fifty Allowing high ×× driving in the same direction A7J905 Tao ××, who was lying on the road, died when the No. Drive back to the north side of the road and hit the positive side“ one hundred and ten ”Yang Baocai, who ordered to look for police information, drove in Anhui Q0158 The No Q0158 The No. (police) car was partially damaged, causing a road traffic accident. It is identified that Gao ×× is mainly responsible for this accident.

　　 After the incident, Gao ×× of the respondent called the police and waited at the scene for the arrival of the traffic police. two thousand and fourteen year twelve month twelve On September th, Gao ××, the respondent, reached a compensation agreement with the victim's close relatives, stipulating that the insurance compensation should be paid in full to the victim's close relatives, and Gao ×× should make compensation seven RMB 10000 seven Ten thousand yuan has been paid.

　　 The Court believes that Gao ××, the non indicted person, has committed an act in Article 133 of the Criminal Law of the People's Republic of China, but the circumstances of the crime are minor, the attitude of pleading guilty is good, he has shown repentance, and he has obtained the understanding of the victim's relatives. In accordance with Article 37 of the Criminal Law of the People's Republic of China and Article 279 of the Criminal Procedure Law of the People's Republic of China, Penalty can be exempted. According to the provisions of the second paragraph of Article 173 of the Criminal Procedure Law of the People's Republic of China, the Court's decision not to prosecute Gao ×× and to release him from bail pending trial is correct.

　　 The Court decided to uphold the original decision in accordance with the provisions of Paragraph 1 of Article 30 of the Provisions of the People's Procuratorate on Reviewing Criminal Appeal Cases.

　　 two thousand and fourteen year five month twenty-one day