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After the Eryuan County Court in Dali, Yunnan Province reported that a bailiff drove a police car into a hit-and-run accident, some concerns about the case sparked continued discussion among netizens. At present, the Eryuan County Commission for Discipline Inspection and Supervision has intervened in advance and is investigating.

The Paper (www.thepaper.cn) previously reported that on the afternoon of August 31, Li Mouliang, a judicial police officer from the Eryuan County Court, and three other people went to the Eryuan County Detention Center to perform official duties. At about 15:30, when Li Mouliang drove a police car to the Mici Line, the side of the light-sided truck driven by Li Moumou was scraped during the meeting. After the incident, the police car did not slow down and drove away from the scene. As a result, the traffic police determined that it was “driving away”.

In response, on September 8, the Eryuan County Court publicly announced that the accident caused two vehicles to be damaged to varying degrees, and the Traffic Police Brigade of the Eryuan County Public Security Bureau issued a “Road Traffic Accident Determination” and “Public Security Traffic Management Administrative Punishment Decision”. It was determined that Li Mouliang was fully responsible for the accident, and he was given an administrative penalty of a fine of 1,000 yuan and 6 points on his driver’s license for his illegal behavior of escaping after the traffic accident and which did not constitute a crime. After the accident, Li Mouliang sincerely apologized to Li Moumou. The traffic police department presided over the mediation between the two parties. On the afternoon of September 6, the two parties reached a compensation agreement and completed it. The court has criticized and educated Li Mouliang, ordered him to conduct a deep review, and will deal with him in accordance with relevant regulations.

However, the issuance of the above-mentioned notification did not eliminate public doubts. Questions such as “Whether the driver was Li Mouliang that day”, “The identities of the other two people traveling with him”, “Whether the three of them drank alcohol or accepted banquets from others while dining” have become topics of discussion among netizens.

According to Hu Lei, a lawyer at Sichuan Dingchi Law Firm, the “Yunnan Provincial Road Traffic Safety Regulations” revised and passed in November 2022 have relatively clear regulations on the nature of the behavior of drivers involved in the Eryuan County Court.

Article 66 of Yunnan Provincial Local Regulations “Yunnan Provincial Road Traffic Safety Regulations” stipulates five types of behaviors that fall into the category of hit-and-run traffic accidents. The first of these is “knowing that a traffic accident has occurred, but still driving away from the scene of the accident or to evade legal liability.” Abandoned the car and left the scene of the accident.” Judging from the specific circumstances of this case, the car in the court collided with a truck during the meeting. Judging from common sense in daily life, it is impossible for the driver of the police car not to know that although the traffic police report after the incident did not clearly identify “hit and run” , but it was also confirmed that the police car involved in the accident drove away from the scene without stopping or calling the police. According to legal regulations, this was a very bad hit-and-run.

Hu Lei said that it should also be investigated whether the Eryuan County Court reported the accident to the public security and traffic control department as soon as possible after the incident. According to Article 67 of the “Yunnan Provincial Road Traffic Safety Regulations”, if a party escapes after a traffic accident, the person in the vehicle, the person in charge of the unit, the vehicle owner, the manager, etc. who are aware of the accident should immediately report it to the traffic management department of the public security organ.

Regarding the punishment imposed on Li by the traffic control department, Hu Lei analyzed that the punishment was too light. Article 99 of the “Road Traffic Safety Law” clarifies that anyone who commits a hit-and-run accident shall be fined not less than 200 yuan but not more than 2,000 yuan by the traffic control department, and shall be detained for not more than 15 days. The “Yunnan Provincial Road Traffic Safety Regulations” refine this provision to include a fine of not less than RMB 1,000 but not more than RMB 2,000 for motor vehicle drivers who hit and run, and to be detained for not more than 15 days. Hu Lei said that judging from the punishment results reported so far, Li Moumou’s behavior was relatively bad in nature. However, not only was the fine only given to the lowest level, but he was not given a day of administrative detention. The punishment was indeed relatively light. The truck driver can report to the traffic control department in accordance with the law. File a request for review and reconsideration.

On September 11, The Paper learned from the relevant departments of Eryuan County that the Eryuan County Commission for Discipline Inspection and Supervision held an analysis and judgment meeting on the matter on September 7 and had intervened in advance. The handling department is still investigating.