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一、基本案情2015年8月张某微与罗某华夫妻二人驾车去参加朋友的婚礼,典礼中二人均大量饮酒。婚礼结束后罗某华因过量饮酒头脑昏沉本想打出租车回家,于是二人互相搀扶在饭店门口等出租车,但等了半个小时也没有叫到出租车,当时已是晚上8点多且二人转天还要上班,张某微便劝说罗某华驾车回家,罗某华说:“这几天正查酒驾呢,太危险了。”张某微带着酒意说:“你这么小的胆子还是男人吗?今天你要不开车回家,以后就别和我一起出来。”罗某华无奈之下只好启动车辆拉着张某微回家,张某微坐副驾驶位置。回家的途中张某微一边与罗某华聊天,一边提醒罗某华注意车、开慢点。但经过一十字路口时,罗某华为早点回家抢红灯正好与横向行驶的一辆电动车相撞,当场将电动车驾驶人撞死。后罗某华、张某微被带到医院检测酒精含量,分别为285mg/100ml和178mg/100ml,同
First, the basic case In August 2015 Zhang Mou micro and Luo Mouhua husband and wife to drive two to a friend’s wedding ceremony, two were heavy drinking. After the wedding Luo Moumou overdose drinking drowsy mind want to play a taxi home, so the two helped each other in the hotel and other taxis, but waited for half an hour did not call a taxi, was already at 8 pm More and two go to work day by day, Zhang Mou micro will persuade Luomou Hua to drive home, Luo Mouhua said: “These days are looking for drunk driving it, too dangerous.” Zhang micro with a drink, said: “You are such a small courage or a man? Today, you either go home by car, do not come out with me later.” Luo Mouhua desperate to start the vehicle and pulled Zhang slightly home, Zhang slightly sit vice Driving position. On the way home Zhang Zhang Mou micro-chat with Luo, while reminding Luo Mouhua attention to the car, slow down. However, after a crossroads, Luo Mouhua got home early to grab a red light just collided with an electric vehicle traveling in the horizontal direction, killing the driver of the electric vehicle on the spot. After Luo Mouhua, Zhang slightly taken to the hospital to detect alcohol content, respectively, 285mg / 100ml and 178mg / 100ml, with