Yu Jinping traffic accident case余金平交通肇事案

On June 5, 2019, at about 21 o'clock in the evening, the defendant Yu Jinping continued to deviate to the right in the traffic lane and entered the sidewalk when he was driving a white Toyota small ordinary passenger car after drinking to 1 km from Hedi Road, Mentougou District, Beijing. The front right side of the vehicle hit the victim Song, causing his death. After the collision, Yu Jinping drove away, wiped the blood on the body, returned to the scene to wait and see, and then fled. According to another investigation, the defendant Yu Jinping was a discipline inspection cadre at the headquarters of China Railway Group Corporation Limited before the incident. In view of Yu Jinping's voluntary admission of guilt and punishment, the People's Procuratorate of Mentougou District proposed a sentencing recommendation of three sentences with four sentences suspended. However, the Beijing Mentougou District People's Court did not adopt the sentencing recommendation after a trial. The court held that: Yu Jinping fled after the accident, intending to evade legal investigation, and his subjective viciousness was relatively large; in view of surrendering himself as a first-time offender and being forgiven, he could be given a lighter punishment as appropriate; Yu Jinping was sentenced to 2 years in prison for the crime of causing a traffic accident.

The Mentougou District Procuratorate immediately protested on the grounds that the sentencing suggestion made by the procuratorate was not obviously inappropriate, and the court should adopt the sentencing suggestion. Yu Jinping himself also appealed. The Beijing No. 1 Intermediate People's Court of the second instance held that the facts of the case were clear, the evidence was reliable and sufficient, the conviction was correct, and the trial procedure was legal, but it found that Yu Jinping's behavior constituted a surrender and punished him accordingly, and that Yu Jinping was driving a motor vehicle after drinking However, he was not punished improperly based on this; the protest of the procuratorate was rejected, and Yu Jinping appealed, and the sentence was commuted to 3 and a half years in prison.

2019年6月5日，晚上21时许，被告人余金平酒后驾驶白色丰田牌小型普通客车行驶至北京市门头沟区河堤路1公里处时， 在行车道内持续向右偏离并进入人行道，车辆前部右侧撞到被害人宋某致其死亡，撞人后余金平驾车逃逸， 擦拭车身血迹，回现场观望，之后逃离。另查，被告人余金平案发前系中国中铁股份有限公司总部纪检干部。鉴于余金平自愿认罪认罚，门头沟区人民检察院提出了判三缓四的量刑建议。但北京市门头沟区人民法院经过审理，未予采纳量刑建议。法院认为：余金平肇事后逃逸，意图逃避法律追究，主观恶性较大；鉴于自首，初犯，得到谅解，可酌情从轻处罚；判处余金平交通肇事罪有期徒刑2年。

门头沟区检察院随即抗诉，理由是：检察院提出量刑建议不是属于明显不当，法院应当采纳量刑建议。余金平本人也上诉。二审的北京市一中院认为，案件事实清楚，证据确实、充分，定罪正确，审判程序合法，但认定余金平的行为构成自首并据此对其减轻处罚，以及认定余金平酒后驾驶机动车却并未据此对其从重处罚不当；驳回了检察院的抗诉，余金平的上诉，改判有期徒刑3年半。