论文部分内容阅读
一辆轿车在路边南侧停车,乘坐在后排的被告人王某打开后排左侧车门欲下车,此时被害人袁某骑电动车沿路由西向东行驶,撞到该车后排左侧车门上,袁某摔倒在地,后经抢救无效死亡。经法医鉴定,被害人袁某死于严重颅脑损伤;经事故认定,被告人王某承担事故全部责任。法院认定被告人王某的行为应构成交通肇事罪,理由如下:首先,在主体方面,被告人王某是交通肇事罪的适格主体。《刑法》第133条并未对交通肇事罪的主体作出特殊限定,而根据《最高
A car parked on the south side of the roadside, take the defendant Wang in the back row to open the left door of the rear row want to get off, this time the victim Yuanmou riding electric car traveling west to east, hit the back of the car left Side door, Yuanmou fell to the ground, died after rescue invalid. After forensic identification, the victim Yuanmou died of severe head injury; identified by the accident, the defendant Wang assume full responsibility for the accident. The court held that the defendant Wang’s behavior should constitute the crime of traffic accident, for the following reasons: First of all, in terms of the subject, defendant Wang is a proper subject of traffic accident crime. Article 133 of the Criminal Law does not make any special limitation on the subject of the crime of traffic accident, but according to "the highest