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A passenger beat up the driver in the process of driving of a public transport vehicle.
[2019-07-09]

Court: The behavior has committed the crime of endangering the public security by using dangerous methods.

The Defendant, through his own fault, got on a wrong bus after drinking, but held that the bus driver was driving in a wrong route. The Defendant badgered with and beat the bus driver, causing a head injury. The Shanghai Hongkou District People’s Court (hereinafter referred to as the “Shanghai Hongkou Court”) has held an open hearing on this case, affirming that Zhang commits the crime of endangering public security by using dangerous methods, and sentenced him to fixed-term imprisonment of three years.

[Case Review]

At around 22:00 on December 20, 2018, Zhang was planning to take bus No. 745 in Shanghai after drinking 300-350 gram liquor at his uncle’s, but he got on bus No. 749 by mistake. After getting on the bus, Zhang thought the bus route was wrong, so began to pester the bus driver Xu. When the bus was driven to a place near the Yixian Road and Wan’an Road, Zhang suddenly punched Xu’s head. After Xu was forced to make an emergency stop, Zhang continued to twist Xu’s arms and beat him on the head. The passers-by saw this scene and immediately called the police on duty nearby. Then Zhang was caught on the spot by the police officers. During the period of detention by the police security agency, Zhang beat others under drunkenness, causing a slight injury.

[Law Interpretation with Case]

Shanghai Hongkou Court held that, the Defendant Zhang beat the driver while the public transport vehicle was running, endangering public security but without causing serious consequences. His behavior has constituted a crime of endangering public security by using dangerous methods. The Defendant Zhang truthfully confessed his crime afterwards and may be given a lesser punishment according to the law. In order to maintain public security, the Defendant Zhang was sentenced to fixed-term imprisonment of three years for the crime of endangering public security by using dangerous methods in accordance with Article 114 and paragraph 3 of Article 67 of the Criminal Law of the People’s Republic of China.

[Relevant Laws]

Criminal Law of the People’s Republic of China

Article 114: Whoever commits arson, breaches dikes, causes explosions, spreads pathogen of infectious diseases, poisonous or radioactive substances or other substances, or uses other dangerous means to endanger public security, but causes no serious consequences, shall be sentenced to fixed-term imprisonment of no less than three years but no more than ten years.

Legally Punishing Illegal and Criminal Acts of Impairing Safe Driving on Public Transport Vehicles

I. Accurately determining the nature of acts and legally and severely punishing crimes of impairing safe driving.

1. In the process of driving of a public transport vehicle, where a passenger grabs the steering wheel, gear shift lever, or other control device, beats up or pulls the driver, or commits any other act of impairing safe driving, which endangers the public security, but does not cause serious consequences, he or she shall be convicted and punished for the crime of endangering the public security by using dangerous methods in accordance with the provisions of Article 114 of the Criminal Law; and if the act of the passenger causes severe injury or death or heavy losses to public or private property, the passenger shall be convicted and punished for the crime of endangering the public security by using dangerous methods in accordance with the provisions of paragraph 1 of Article 115 of the Criminal Law.

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(Written by: Jiang Yemeng, Shanghai Hongkou Court)
 

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