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Drunken driver spared death sentence

By Huang Zhiling and Xie Hui in Chengdu, Wang Jingqiong in Beijing (China Daily)
Updated: 2009-09-09 06:46

A drunken driver who killed four people in a traffic accident learned Tuesday his own life will be spared, following a successful appeal against his death sentence.

Sun Weiming, 30, learned at the appeal court in Sichuan province that, instead of facing the death sentence, he will serve a life term in prison.

Sun Weiming burst into tears as he heard that his death sentence had been commuted to life in prison. [Xinhua]

Sun had initially been sentenced to death for "a dangerous offense against public safety".

At his trial in July, the court heard that Sun had driven his Buick into four sedans traveling in the opposite direction on Dec 14. Four people were killed and one was seriously injured.

Investigations revealed Sun had been driving without a license since May 2008.

And doctors found 135.8 milligrams of alcohol in Sun's blood, far more than the 80 milligram legal limit.

Police said Sun's car was traveling at 120 percent higher than the speed limit on the road. And Sun initially tried to flee the accident.

The earlier death sentence was handed down by the Intermediate People's Court of Chengdu, the provincial capital, and was thought to have been the first death sentence for a drunken driving case in China.

Sun, who had worked as a company executive in Chengdu, looked nervous as Chief Justice Wang Jinghong read the verdict at his appeal at the Sichuan Provincial High People's Court.

He burst into tears as he heard that his death sentence had been commuted to life in prison and shouted "dad! mom!" as he was taken out of the court.

Wang said Sun had driven drunk before the accident in December, an act that was bound to lead to disaster.

But he said Sun had committed an indirect intentional crime.

Because Sun did not hit the other cars on purpose and because he was sincere in his contrition, the court decided to commute the death sentence, said Wang.

Sun's family had offered to pay compensation to the victims and their families. The families sent a letter of forgiveness to the court, Wang said.

The victims' families signed the letter on Aug 5 after agreeing to a 1 million yuan ($147,058) compensation deal.

The courts' decision to commute the death penalty was supported by China's Supreme People's Court (SPC), which said the final judgment was "in accordance with China's criminal law".

"The death penalty should be used only for extremely serious crimes, when the criminal has a strong criminal intent and causes negative social influence on a large scale," Xinhua quoted Gao Guijun, a senior official from the SPC, as saying.

As for claims that Sun "paid money for life", Gao said: "in some not very serious crimes, if the criminal has reached an understanding with victims through economic compensation or other penitential behavior, it is in line with the law that criminals may not be charged with the death sentence."

Zhao Bingzhi, director of the law school at Beijing Normal University, said the case was precedent-setting but he said the death sentence should be reserved for "criminals who directly intended to commit a heinous crime".

Jin Yuhang, 24, whose parents were killed in the accident, was satisfied with the sentence of life imprisonment instead of the death sentence.

And Zhang Zhiyu, 25, who also lost his parents, accepted the verdict. "Emotionally, I would like to let Sun Weiming repay my parents' lives with his life. But I endorse the court's ruling, for it has its consideration from the perspective of justice. My parents taught me to be lenient when they were alive," he said.

Han Changjin, whose wife, Dai Yuxiu, 52, is still in the hospital, said the ruling was reasonable.

"My son is 26. As a father myself, I show my sympathy for Sun Weiming's father, Sun Lin," he said. "The ruling has given Sun Lin hope."

In order to raise money for Sun Weiming's compensation, Sun Lin sold his home. The father is being treated for bladder cancer and is in the hospital in Chongqing following surgery.

He told TV reporters: "Many people, who have committed more serious crimes and have been reported by you, have not been given such a harsh punishment."

Cai Zhiping, 64, a former farmer from Chengdu, who was among onlookers outside the court, was disappointed with the new sentence.

"The sentence, which means one can be spared death if one's family can pay, is harmful. There are too many drunken drivers on the road," he said angrily.

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