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published in(发表于) 2016/12/17 11:33:48
Female white collar workers were “easy“ car driver with knives hijacked: filling a sleeping pill

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中文

Female white collar workers were "easy" car driver with knives hijacked: filling a sleeping pill-Web about cars, car-IT information

Miss Song of Nanjing bank account manager, on September 26, after you add the class "to" taxi software called a special car back to home in Jiangning. To pick the driver was more than 20 years old boy Wu. But Miss Song found that the car was a Pentium, model, vehicle identification number and "easy" software registration is not the same. "How do you Vin is different from the displayed on the software, models right eh? "In the face of questioning, Wu explained," to "registered the car repair, open is the boss of his own car. Miss song didn't feel any problems, just sat on the back seat.

A criminal suspect Wu

NG about a driving NET

Go to Jiangning road, Wu driving route is right. When Kai went to India Avenue and bamboo road junction nearby, Wu suddenly stopped and pulled out a knife, threatening song don't fight, bring out money and bank cards. Face emergencies, song wanted to open the door to escape, door is locked. In protest, Miss song cut by blade with both hands (forensic constitutes a minor injury). The driver and confiscated hand, took out a knife, against the neck and threatened to severely Miss Song: "you fight again, I'll kill you. ”

Faced with this situation, Miss song decided to give up resistance, silent obediently sitting on the car. Wu took prepared plastic tie her hands and feet tied, and mineral water and a sleeping pill and forced to Miss song taken down, and she took a taxi service and mobile positioning systems switched off, then forced her out of a bank card password. Unconsciously, the song lost consciousness, and when she woke up, over seven hours, the car in a high-speed drive, Hangzhou, Zhejiang province.

Gets the trust quietly after the app to locate the alarm

Wake up song found that rear seat window glass has been on Wu with newspapers all paste. In order to ensure its own security, active and Wu chatted up Miss Liu. "Why are you doing these things? "I lost in business also made a usurious loan, I'll take money, 30,000 is enough. "Wu is so" Frank ", song said, you want the money from the card just to get in, I would not call the police.

Have arrived the next morning, did not bank on the freeway, Yuhang district, Hangzhou City, until the territory, Wu got off with a song bought PayPal and drugs early, he and Ms song for treating injuries, and then continue. Since then, Tiantai County, all the way up to, Miss song along with him talking about work and family, to hold each other to ensure its own security. During the Sun several times to get off with a credit card to buy cigarettes, cash in more than 30,000 yuan. The evening meal, Wu Song locked in the car, buy back to feed her, bought a bottle of wine, for song to accompany her to drink up.

Wu said of the guard, and I've got the money, I will release you. Heard Wu were going to visit friends, Miss song wants to go, definitely not running, said she was his girlfriend.

That evening, Miss song phone rang. Because there is a certain trust, Wu will phone to Miss song. Phone is the song of a client, says a business thing. Wu met when she called a tie, didn't take the cell phone back and drove on the road.

To Wu in a friend's House, because I do not know how this relationship between Wu and friends, accomplices, song did not risk for help, but while others pay no attention, and little sent the letter to father, but friends said he was kidnapped, and position the past ... ...

Zhejiang police investigation overnight rescued

About 8:40, when Wu and a friend when playing cards, Miss song's cell phone rang, she saw Taizhou local number, estimated to be relatives and friends call the police. Wu was present, she immediately pressed and slowly toward the door. Don't feel Wu with out. Coincidence that they saw two civilian police came almost simultaneously.

Worried that Wu suddenly to their detriment, song said, may be the family he was not home, so call the police. Police, Wu said he and Ms song are friends, who come out to play. Police will miss song aside identification and alarm information from the Nanjing said police, is designed specifically to save her.

In this way, Wu was taken away by local police, has since been handed over to police in Nanjing.

Jianye district case prosecutors said Wu from Anhui Province, 25 years old, opened a car wash in Nanjing last September bought a Pentium, pay more than 2000 Yuan a month car loan, to alleviate the pressure on part-time network about truck drivers. Due to the car wash business, he would have lost more than 300,000, also borrowed more than 100,000 usury. Seeing repayment day is coming up, they simply could not afford to, just desperate. But it was a carefully prepared, utility knife, plastic cable ties and newspapers are ready to paste the Windows.

On November 3, against Zhao Nanjing, jianye district people's Procuratorate on suspicion of robbery approved the arrest. At present, the case is under further examination and prosecution.

Registration information is online about vehicle platform

Case Prosecutor said the net about truck driver robbery case was typical, exposing about car platform for owners of current network status monitoring common vulnerabilities. Wu in the "easy" registration on the platform of the vehicle, the vehicle identification number is fake, but this platform was not found in the day-to-day supervision of. From now on, they will issue the procuratorial recommendations in view of this situation to the competent authorities.

Today, Wu faces criminal penalties. Prosecution and sentencing is sentenced to 3-4 years.

On civil compensation to Miss song, experts say, not only Wu to bear, as a platform for network about "easy" also have a responsibility. Silver in Beijing (Nanjing) law firm senior partner Cai Qingtao counsel, nets around car platforms "to" joint and several liability to Miss song stolen. Because online about vehicle platform should strengthen safety supervision, driver access, vehicle access must be active, and assume the corresponding responsibility, which in itself is public safety requirements, also in line with the social equity and justice.

In the "network about" flourish at the same time, security risks also go hand in hand, must be given high priority. Network platform on household vehicle information about cars to check network booking taxi operators bear the liability of the carrier to ensure operational safety, safeguard the legitimate rights and interests of passengers.

According to China's Supreme People's Court on several issues concerning the trial of personal injury compensation cases for legal interpretation of article 6th: "the damage caused by any third party infringement results from implementation of third party liability in tort. Security obligations people at fault, should be in them to prevent or stop corresponding supplementary liability within the scope of the damage. "Net legitimate rights and interests of some against car drivers, network about car platform of the company shall bear the joint and several liability.

In addition, the 130th of the General principles of the Civil Code provides that two or more persons jointly infringe upon damage shall bear joint and several liability. 87th article, are two or more number of creditors or the debtor, in accordance with the provisions of the law or the agreement between the parties, the joint rights of each creditor, has the right to require the debtor to discharge obligations; are jointly and severally liable, the obligation of each debtor, have the obligation to pay off all debts, fulfilled its obligation to the people, and the right to have a person who is jointly and severally liable to pay he should share.

Therefore, the network was robbed about car platform for joint and several liability for losses.

The Prosecutor reminded

Case Prosecutor said, take the net about cars, safety is the most important, encounter unexpected situations, must be calm disposition, physical safety in the first place. Usual network about cars, to take note of the following:

1, met about car registration plates and license plates are not the same, not to sit.

2, entered no co-pilot, especially single women. Select behind the driver's seat, and if you encounter bad drivers, in the back can be perceived ease of response in a timely manner.

3, when, it is best to contact immediately to relatives and friends, to inform the other to take the vehicle brands, but for those who have criminal intentions of criminals play a deterrent role, so as to achieve the purpose of protecting its own security.


女白领遭“易到”专车司机持刀劫持:被灌安眠药 - 网约车,专车 - IT资讯

宋小姐是南京一家银行的客户经理,9月26日晚上,加完班后用“易到”打车软件叫了一辆专车准备回江宁家中。来接的司机是个20多岁的小伙吴某。不过宋小姐发现,该车是一辆奔腾,车型、车牌号与“易到”软件上登记的并不一致。“你这车牌号怎么跟软件上显示的不一样,车型也不对哎?”面对质疑,吴某解释说,“易到”上登记的那辆车在维修,自己开的是老板的车。宋小姐没觉得有什么问题,就坐上后排座位。

犯罪嫌疑人吴某

吴某驾驶的网约车

去往江宁路上,吴某开车走的路线是对的。当开到吉印大道与竹山路路口附近时,吴某突然停车并拿出一把美工刀,威胁宋小姐不要反抗,将钱和银行卡交出来。面对突发状况,宋小姐想开门逃跑,可门已被锁住。在挣扎反抗中,宋小姐两手被刀片割伤(经法医鉴定构成轻微伤)。司机并没收手,又拿出一把匕首,顶着宋小姐脖子恶狠狠地威胁道:“你再反抗,我就杀了你。”

面对这种情形,宋小姐决定放弃抵抗,一言不发顺从地坐在车上。吴某拿出事先准备好的塑料扎条将她的手脚捆住,又拿出矿泉水和安眠药,逼着宋小姐服用下去,并把她的打车软件服务和手机定位系统关掉,随后强迫她说出了银行卡密码。不知不觉中,宋小姐失去意识,等她醒来时,已经过去七个多小时,车子在一条高速上开,方向正是浙江杭州。

获取信任后悄悄用微信定位报警

醒来后的宋小姐发现,后排座位的车窗玻璃已被吴某用报纸全部糊上了。为了确保自己安全,刘小姐主动和吴某聊了起来。“你为什么要做这些事?”“我做生意赔了,还借了高利贷,我就要钱,3万块就够了。”见吴某这么“坦诚”,宋小姐说,你要钱下车从卡里去取就是了,我不会报警的。

已经到了次日上午,高速上并没有银行,直到杭州市余杭区境内,吴某下车用宋小姐的支付宝买来早点和药品,给他和宋小姐处理伤口,然后继续开。此后,一路开到天台县,宋小姐一路上跟他聊工作和家庭,以求稳住对方确保自身安全。期间,孙某多次下车用信用卡买烟、套现3万多元。到了傍晚吃饭时,吴某把宋小姐锁在了车上,买面拿回喂给她吃,还买了一瓶红酒,让宋小姐陪她喝了起来。

放松警惕的吴某说,我已经拿到了钱,我会放了你。听说吴某要去见朋友,宋小姐提出想一起去,绝对不会跑,可以说她是女朋友。

这天晚上,宋小姐手机响了起来。因为有了一定信任,吴某将手机交给宋小姐。电话是宋小姐一个客户打的,说了业务上的事。吴某见她打电话时很配合,也没把手机拿回去,就开车上了路。

到吴某朋友家,因为不知这个朋友与吴某关系如何,是否同谋,宋小姐没有贸然求救,而是趁他人不注意,悄悄发微信给父亲和其他好友说自己被绑架了,并把位置发了过去……

浙江警方连夜协查成功解救

当晚8点40分左右,当吴某和朋友正在打牌时,宋小姐的手机突然响了,她一看是台州当地号码,估计是亲友报警了。因吴某在场,她立即摁掉并慢慢走向门口。感觉不对头的吴某跟了出来。巧的是,他们几乎同时看到两名民警走了过来。

担心吴某突然对自己不利,宋小姐当即说,可能是家人看自己没回家,所以报警了。面对民警,吴某称他和宋小姐是朋友,两人是出来玩的。民警将宋小姐叫到一边表明身份,并说接到了南京警方传来的报警信息,是专门来解救她的。

就这样,吴某被当地警方带走,此后又被移交给南京警方。

建邺区办案检察官表示,25岁的吴某是安徽人,在南京开了家洗车店,去年9月买了一辆奔腾车,每月交2000多元车贷,为减轻压力兼职做了网约车司机。由于洗车店生意不好,他亏损了30多万,还借了10多万高利贷。眼见还款日子就要到了,自己根本拿不出钱来,才铤而走险的。但他做了认真准备,美工刀、塑料扎条以及糊窗户的报纸都是提前准备好的。

11月3日,南京建邺区人民检察院以涉嫌抢劫罪对赵某批准逮捕。目前,该案正在进一步审查起诉中。

网约车平台登记信息全是假的

办案检察官表示,这起网约车司机抢劫案非常典型,暴露出当前网约车平台对于车主身份监管普遍存在的漏洞。吴某在“易到”平台上登记的车辆信息、车牌号都是假的,但该平台并没有在日常监管中发现。今后,他们将针对这种情形向主管部门发出检察建议。

如今,吴某面临着刑事处罚。检方对其量刑建议是有期徒刑三到四年。

关于对宋小姐的民事赔偿,专家认为,不光吴某要承担,作为网约车平台“易到”也有责任。北京中银(南京)律师事务所高级合伙人蔡庆涛律师认为,网约车平台“易到”要对宋小姐被劫承担连带责任。因为网约车平台应当强化安全监管,在驾驶员准入、车辆准入等方面必须积极作为,并承担相应责任,这本身就是公共安全的要求,也符合社会的公平正义。

目前在“网约车”蓬勃发展的同时,安全隐患也如影随形,必须予以高度重视。网约车平台对入户车辆信息要进行核实,网络预约出租汽车经营者承担承运人责任,保证运营安全,保障乘客合法权益。

根据《中国最高人民法院关于审理人身损害赔偿案件适用法律若干问题的解释》第6条规定:“因第三人侵权导致损害结果发生的,由实施侵权行为的第三人承担赔偿责任。安全保障义务人有过错的,应当在其能够防止或者制止损害的范围内承担相应的补充赔偿责任。”对于网约车驾驶人侵害乘客合法权益,网约车平台公司应当承担连带责任。

此外,《民法通则》第130条中规定,二人以上共同侵权造成他人损害的,应当承担连带责任。第87条规定,债权人或者债务人一方人数为二人以上的,依照法律的规定或者当事人的约定,享有连带权利的每个债权人,都有权要求债务人履行义务;负有连带,义务的每个债务人,都负有清偿全部债务的义务,履行了义务的人,有权要求其他负有连带义务的人偿付他应当承担的份额。

因此,网约车平台对被劫者的损失承担连带赔偿责任。

检察官提醒

办案检察官表示,乘坐网约车,安全是最重要的,遇到突发情况,一定要冷静处置,把人身安全放在第一位。平时坐网约车,要注意下面几点:

1、遇到约车登记的车牌和前来的车牌不一样时,不要去坐。

2、上车时不要坐副驾驶,特别是单身女性乘客。选择司机后面的位子乘坐,如果遇到不良司机,在后面可及时觉察便于应对。

3、上车后,最好立即给亲友联系,将自己乘坐车辆的牌号告知对方,可对那些有犯罪意向的不法分子起到一定的震慑作用,从而达到保护自身安全的目的。





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