First of all, brother, you have been commenting and I have been following you to reply. Except for the repeated questions, I have replied and explained them all, but you have not looked at them. You just keep commenting there, and finally you come to the conclusion In conclusion, I am trying to lower my wits. I want to prove that the protagonist is very good at filing unreasonable lawsuits. Whether justified or not, I stand on the side of the driver. I say that I have been affected by a certain case and want to make amends for the driver's unreasonable case...
Brother, first of all, I will post a judgment number for you. You can read it first, (2018) Guangdong 0111 Xingchu No. 1343, and see if I am deliberately proving that the protagonist is fighting an unreasonable case. Then you can join the group. Let me tell you, then, even if we are debating, we still have to give people a chance to open their mouths. You keep talking, but you don’t even read or reply to a bunch of my replies. What’s the point of that? No, the judgments of different courts in the same case may be different. I just deliberately made up for it... There is a judgment, you can take a look at it. My hands are sore after I replied so many times. Brother, if you don’t take a look, then I will issue an order. Chapter will explain it specifically. I will always read this.
Then, let me reply to the question you asked. Where does your question focus? It focuses on drunk people. Drunk people may stick their heads out and vomit after drinking too much. Therefore, the driver should close the windows after getting in the car and be foreseeable. Right? Then, the prosecutor said that he had foresight. Then, he could force people to go back without paying. This is a restriction of personal freedom.
Let me reply one by one, the first and second ones, drunkard, this is your identification. In the case, I wrote that the person who was drunk was conscious after getting in the car, and there were companions, and then the windows should be closed. , just because you may stick your head out and vomit, you have to bear criminal liability if you jump out of the car. Do you think it is reasonable? Why does the prosecutor have to start with foresight? Is it because he doesn’t understand anything?
Because of the crime of negligent causing serious injury, subjective aspects must be foreseen or should be foreseen, and the causal relationship here is that jumping out of the car should be foreseen, not that sticking one's head out and vomiting should be foreseen!
Can other circumstances be inserted into the causal relationship in criminal cases? Can you also add the possibility of sticking your head out and vomiting? Did he stick his head out to vomit? No, he just jumped. The law only talks about evidence. The evidence does not include the behavior of sticking out his head to vomit. So can he add it by just guessing?
Taking another 10,000 steps back, you can argue based on this, driver, you did not fully ensure my safety, and you have to bear the fault liability. Then this is also a civil liability. When does it become a criminal liability?
Then there is the third one. You can force people to go without paying. I also replied to you. When there is a fare dispute, it is not inappropriate to take passengers back to the place of origin in order to protect their own interests. Why? , the reason is first of all, this is in the city, either in the suburbs, or simply in the city, with bright lights.
Secondly, there were two passengers, and in their previous behavior, they refused to pay, scolded the driver, and slapped the car. In fact, the driver was afraid. It is okay to analyze the specific case in detail and judge based on the previous behavior, so in Under such circumstances, if you don’t give me money, I will pull you back to where you were. Is this a problem? This is what the judgment means. It’s okay for passengers to get off the bus if they think they are in danger. You can choose to call the police or use other methods. Jumping off the bus is not the inevitable and only option. The first time you were arrested The companion stopped him.
The rough answer is, if you still feel dissatisfied, I will also give you the judgment number. You can take a look. What am I trying to do by forcefully writing such an unreasonable article? My picture was sprayed.
