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【裁判要旨】“黑车”在高速公路应急车道违章下客,乘客横穿高速公路被正常行驶的车辆撞击致死。“黑车”的违法行为虽符合过失致人死亡罪的构成要件,但按照法条竞合的处理原则,交通运输过程中的危害行为应优先考虑交通肇事罪。同时,“黑车”的违法行为与乘客死亡的结果之间存在间接因果关系,但因果关系被乘客的横穿行为所阻,“黑车”驾驶员的行为不构成交通肇事罪。
[Referee motto] “black car ” In violation of the highway emergency off passengers, passengers across the highway was hit by a normal vehicle crash. Although the illegal behavior of “black car” meets the constitutional requirements of the crime of negligence causing death, in accordance with the principle of handling competition by law, the crime of traffic accident should be prioritized for the hazard behavior in the course of traffic and transportation. At the same time, there is an indirect causal relationship between the illegal behavior of “black car” and the result of passenger’s death, but the causal relationship is impeded by the crossing behavior of passengers. The behavior of “black car” driver does not constitute traffic crime.