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Driver of minibus could get 7 years for toddler's death

By Zheng Caixiong in Guangzhou | China Daily | Updated: 2012-05-28 07:58

Guangdong court hearing hit-and-run case that caused nationwide outcry

A minibus driver, who appeared in court on Friday in Guangdong province to face charges of negligence concerning the death of a 2-year-old girl after the vehicle he was driving ran over her, could face seven years in jail, a lawyer said.

On Oct 13, Hu Jun ran over Wang Yue, and failed to stop to help her on a market street in Foshan, according to a statement from the Nanhai district people's procuratorate.

Hu faces charges of negligence resulting in the death of another person, according to the procuratorate. No verdict was delivered on Friday.

Wu Xiaoda, a lawyer in Guangzhou who specializes in criminal cases, said the maximum penalty for such a charge is seven years in prison according to Criminal Law.

Hu and his attorney admitted in court that Hu's behavior had resulted in Wang's death, but they insisted it was not intentional and pleaded for leniency.

The incident received a great deal of publicity and was captured on closed circuit TV.

Hu was driving in poor lighting conditions during torrential rain and had not turned on his headlights.

He thought that he hit something but failed to stop and check, the statement from the Nanhai district people's procuratorate said.

Hu saw a surveillance video of the accident on the Internet on Oct 16 and realized that he was responsible. He surrendered to the police the same day, the statement said.

Wang Yue, better known by her nickname as Yueyue, was crushed by Hu's minibus and another vehicle. Despite her serious injuries at least 18 pedestrians and cyclists passed without stopping to help.

Yueyue was finally helped by a 57-year-old female scrap collector who contacted the girl's parents.

She was sent to the General Hospital of the Guangzhou Military Command, but was declared dead, due to brain failure, on Oct 21.

Zhou Yuzhong, also a lawyer in Guangzhou, said both Hu and the girl's parents should bear responsibility for the death.

"The parents failed to take good care of their daughter," Zhou said.

The video showing the entire incident sparked a national outcry and raised questions over society's morals and the need to legally protect Good Samaritans who come to the aid of those in distress. Some people expressed the fear that if they tried to help people in need they themselves could face legal challenges.

Legislators in Shenzhen sought to gauge public opinion in November on the country's first draft regulation protecting Good Samaritans.

The draft stipulates that unless accusers can offer evidence to prove that helpers are at fault, Good Samaritans will be exempt from liability.

Those who bring false accusations against helpers must also make a public apology, and may even be detained in cases of fraud, according to the draft.

Xinhua contributed to this story.

zhengcaixiong@chinadaily.com.cn

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