新闻报报看 | 2019年8月10号,我国南北大道曾经发生一宗“车祸变命案”的悲剧。47岁华裔被告姚伟良与死者轿车发生擦撞,双方起了争执。被告因为不满车祸发生后,被死者用棒球棍砸车,结果一怒之下踩油门撞向死者,导致对方重伤死亡。上诉庭经过审讯后,昨天一致决定维持原判,判处姚伟良因过失杀人,必须接受坐牢16年的刑罚。(主播:庄文杰、林晓倩)
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00:03On August 10, 2019, a car accident happened on the Nanbei Avenue, which turned into a fatal tragedy.
00:1047-year-old Chinese defendant Yao Weiliang had a car accident with the victim's car, and the two sides had a dispute.
00:16The defendant was hit by a baseball bat by the victim after he was dissatisfied with the car accident.
00:22As a result, he stepped on the gas pedal and hit the victim, causing the victim to be seriously injured and died.
00:27The court ruled on December 7, 2023 that Yao Weiliang had committed the crime by mistake and was sentenced to nearly 16 years in prison.
00:32However, Yao Weiliang later filed a lawsuit.
00:35After the hearing, the court unanimously decided to maintain the original verdict yesterday morning,
00:39and sentenced Yao Weiliang to 16 years in prison for manslaughter.
00:44Originally, it was just a small car accident where two cars collided.
00:48Why did it eventually turn into a fatal case?
00:51Let's take a look at the background of the news.
00:53When the car accident happened, the victim, Samuel Daniel's car,
00:57accidentally hit the tail of Yao Weiliang's car when he was driving out of the tollgate.
01:02The two sides then chased and provoked each other on the main road, and a physical conflict occurred.
01:07According to the report, the victim and the defendant were arguing in a parking lot on the road near Wanyi New Town, Xuezhou.
01:13At that time, there were also eyewitnesses who came forward to persuade the two sides to go back to the car.
01:19Unexpectedly, the victim suddenly got off the car with a baseball bat and smashed the engine cover of Yao Weiliang's car.
01:25In the end, Yao Weiliang believed that it was an unbearable provocation.
01:28He stepped on the gas pedal in a fit of anger and knocked the other person to death.
01:31According to the written verdict written by the court judge Gao Ting,
01:34the defense gave the strongest evidence during the trial,
01:38which is that Yao Weiliang's wife used her cell phone to shoot the scene of the crime according to her husband's instructions.
01:45At that time, Yao Weiliang originally wanted to shoot a self-protection video,
01:47but he didn't expect that this video would clearly record the defendant and the victim chasing each other on the main road,
01:53until he got off the car and punched the victim,
01:55until he finally hit the victim with his car and squeezed his whole body.
02:00The chief prosecutor argued in the court testimony that
02:03the defendant Yao Weiliang's sitting position when he hit the victim with his car
02:07and the act of holding the steering wheel with his hand
02:10showed that he was in a state of control at the time,
02:13and decided to drive the car to hit the victim in front of him,
02:16which caused the victim to be squeezed by a car weighing more than one kilogram.
02:20And the wife who was sitting in the passenger seat
02:22also shouted at her husband in the car,
02:24don't be so impulsive, you will hit someone to death.
02:27The chief prosecutor pointed out that the victim tried to turn around and run away,
02:31but still didn't avoid being hit in the face.
02:33After listening to the testimony of both lawyers,
02:36the appeal court finally rejected the appeal of the defendant Yao Weiliang,
02:40and believed that Gao Ting's ruling that Yao Weiliang killed by mistake was correct.
02:45The judge said that in this case,
02:47Yao Weiliang lost the ability to control himself
02:51because of the sudden provocation of the victim,
02:53so he hit the other person to death by mistake.
02:56So the three parties unanimously believe that Yao Weiliang committed the crime of killing by mistake,
03:00but did not constitute the crime of murder,
03:01and the sentence of 16 years is not too heavy.
03:04The judge emphasized that the appeal court highly values this case
03:08in order to convey a clear message to the public
03:11that no matter who is facing a roadblock incident,
03:15everyone should remain calm,
03:16and should not use personal violence without permission to endanger others' lives.
03:20This is a case that all road users must take into account.