Internet celebrity "Ou Ke'ai" passed away due to drowning in a car accident. The police stated that the driver responsible for the accident was 16 years old and has been detained. What kind of legal responsibilities will he bear?

Recently, a motorbike internet celebrity with nearly a million followers, known as “Ou Ke’ai,” tragically drowned in a car accident in Wanning, Hainan, at the young age of just over 20 years old. On January 2nd, the staff of the Accident Squadron of the Traffic Management Detachment of Wanning Public Security Bureau informed Red Star News that the driver responsible for the accident was over 16 years old and has been criminally detained by the police. On December 27, 2023, “Ou Ke’ai” posted her boarding pass on her personal account and shared a video of her trip to Riyue Bay in Wanning, Hainan. On January 1, 2024, Red Star News learned from several close friends of “Ou Ke’ai” that she tragically drowned in Hainan’s Wanning on December 29th last year due to a car overturning.“Ou Ke’ai’s” family members said that at the time, she met some friends at a gathering in a town. Around 5:30 on December 29th last year, a young man was driving with “Ou Ke’ai” and another male and female companion, all of whom had just met. Shortly after leaving the gathering, while driving on an elevated road with a bend, the car driven by the young man veered off the elevated road, flipped over into the nearby river, and submerged in the shallow water. The windows of the other three people’s cars were open, but the one near “Ou Ke’ai” was closed and couldn’t be opened. The other three managed to escape, but the petite “Ou Ke’ai” tragically drowned.Family members also learned that the driver was a 16-year-old young man. On January 2nd, the staff of the Accident Squadron of the Traffic Management Detachment of Wanning Public Security Bureau informed Red Star News that the driver responsible for the accident was over 16 years old and has been criminally detained. Internet celebrity “Ou Ke’ai” drowned in a car accident, and the police confirmed that the driver was over 16 years old and has been detained on criminal charges.

Challenges and Outcomes in Traffic Accident Liability

There’s no way around it; the most feared outcome is the inability to execute justice.

A sixteen-year-old boy’s assets are foreseeable.

Even if the driver responsible for the accident is sentenced, if they lack the financial means to compensate, it leaves a feeling of helplessness.

Apart from traffic accidents, there’s the issue of compensation for the right to health. However, at such a young age, the ability to pay might not be present.

Because dangerous driving and traffic accident crimes are the main focus of prosecution. Therefore, it’s crucial to be careful while driving. The first concern is dangerous driving, including drunk driving and driving under the influence. And for traffic accidents, it’s more about personal responsibility.

On February 15, 2020, at 21:35, the defendant, Mr. Xu, drove a small ordinary passenger car (carrying Yang and Wei) in reverse from north to south outside Zhang’s home in Village 7, Tianbao Temple Village Committee, Sanchahe Town, Lu Liang County. Due to insufficient observation of the rear situation, the vehicle fell into a ditch off the road, resulting in Wei’s drowning death and vehicle damage. Xu was found fully responsible for the accident, while Wei bore no responsibility. The case is further being processed.

According to Articles 91 and 101 of the “Road Traffic Safety Law of the People’s Republic of China,” driving under the influence and causing a major traffic accident constitutes a crime, and the offender is criminally liable. Their driving license will be revoked by the traffic management department of the public security organ, and they will be permanently barred from obtaining a driving license again. Those who flee the scene after causing a traffic accident will also have their driving license revoked permanently.

Looking at the prosecution charges, the most common is dangerous driving, followed by theft, intentional injury, fraud, and traffic accidents. These crimes' rates have risen compared to the previous year.

Data from January to June 2021 from prosecutorial agencies in Inner Mongolia reflect these trends.

It’s just a typical traffic accident case. No speculation, just serious law interpretation.

If the driver is found fully responsible for an accident resulting in one fatality, then they have committed a traffic accident crime. However, guilt doesn’t necessarily mean a death sentence!

Traffic Accident Crime Article 133: Violating traffic and transportation regulations that result in a serious accident causing severe injury, death, or significant public or private property damage leads to imprisonment of up to three years or detention. In cases of fleeing the scene or other extremely egregious circumstances, the imprisonment can range from three to seven years. If fleeing the scene leads to death, the sentence can exceed seven years.

What constitutes this crime, and what are the standards for public security to file a case? (Based on Article 133 of the Criminal Law and Interpretations from the Supreme People’s Court on specific application laws in traffic accident criminal cases):

  1. Cases requiring prosecution, punished with up to three years imprisonment or detention:

    • Causing one death or 3 to less than 5 severe injuries, bearing full or major responsibility for the accident.
    • Causing 3 to less than 6 deaths, bearing equal responsibility for the accident.
    • Causing direct loss of public or private property, bearing full or major responsibility, with an inability to compensate amounting to more than 300,000 but less than 600,000 yuan.
    • Traffic accidents causing 1 to less than 3 severe injuries, bearing full or major responsibility, and involving one of the following circumstances are punishable under the crime of traffic accidents:
      • Driving after consuming alcohol or drugs.
      • Driving without a valid driving license.
      • Knowing the vehicle has faulty safety devices or malfunctioning safety parts and still driving.
      • Knowing the vehicle is unlicensed or has been scrapped and still driving.
      • Severely overloading (generally considered over 50% of the load limit).
      • Fleeing the scene to evade legal consequences.
  2. Especially egregious circumstances, punishable by three to seven years imprisonment:

    • Causing the death of 2 or more people, or severe injuries to 5 or more, bearing full or major responsibility for the accident.
    • Causing the death of 6 or more people, bearing equal responsibility for the accident.
    • Causing direct loss of public or private property, bearing full or major responsibility, with an inability to compensate amounting to more than 600,000 yuan.
  3. Specific sentencing (using Zhejiang as an example, though there may be slight regional variations):

    • For traffic accidents, the sentencing baseline can be set within a range depending on the specific circumstances:
      • Causing severe injury, death, or significant property damage might lead to 6 months to 1.5 years imprisonment as a starting point.
      • If the offender fled the scene or there were other extremely egregious circumstances, the starting point might be 3 to 4 years imprisonment.
      • If fleeing led to death, the starting point might be 7 to 8 years imprisonment.
    • The base sentence can be increased based on the number of deaths or injuries, the amount of property damage, and other crime-aggravating facts:
      • For each additional severe injury, add 3 to 6 months imprisonment.
      • For each additional death, add 6 months to 1 year imprisonment.
      • For every additional 100,000 yuan in direct property loss beyond the ability to compensate, add 2 to 3 months imprisonment.
    • In certain circumstances, an increase of up to 20% over the base sentence may be considered:
      • Driving under the influence of alcohol or drugs.
      • Speeding over 50% of the speed limit for thrill-seeking or racing.
      • Causing death or severe injury to three or more people on pedestrian crossings, among others.
  4. In cases where a traffic crime is committed, the judge will consider various factors to decide if probation is appropriate.

  5. Generally, probation isn’t suitable in cases involving:

    • Drunken driving resulting in death or severe injuries.
    • Excessive speeding over 50% of the speed limit.
    • Fleeing after causing death or severe injuries.
    • Other scenarios causing bad social impact.
  6. In certain cases, probation may be considered, but it’s controlled:

    • Drunken driving or drug influence leading to death or severe injuries.
    • Driving without a license resulting in severe consequences.
    • History of traffic violations leading to severe penalties or criminal charges.
    • Incidents where someone else is made to take responsibility for the accident.
    • When known unsafe, unlicensed, scrapped, or severely overloaded vehicles are involved in causing death or severe injuries.

For cases generally not suited for probation, the decision to apply it should be reported to the department head or chief prosecutor for review and then decided by a judicial committee after trial in court.

The Tragic Reality of Casual Words Turning True

Adorably speaking of sleeping in the sea turned out to be an eerie prophecy.

It was meant as a joke, but tragically it came true. He never returned to Guizhou, saying he would sleep in the sea, not realizing it would be a river close to the ocean instead.

Sometimes, words spoken casually can hold unintended power. Despite lacking scientific basis, it’s wise to be cautious of what we say.

The earliest instance of words turning true is attributed to Cao Cao during the Battle of Red Cliffs. After the defeat, while fleeing with his remaining forces to the north of Wulin, he joked about the strategic locations for ambushes, only to find himself nearly caught in one by Zhao Yun, escaping narrowly each time.

Finally, though he escaped, he continued to mock his adversaries, predicting ambush locations, only to find Zhang Fei waiting for him in one such predicted spot.

Despite the near captures and the presence of Guan Yu due to his past predictions, Cao Cao escaped due to Guan Yu’s respect for their past. Without this act of mercy, the story of Cao Cao would have ended there.

While it sounds like a mere story, it teaches us to be careful with our words and to respect the power they may hold.

Tragically, a young life was lost too soon, leaving a family to mourn an unimaginable loss.

“Adorable’s” family mentioned that at a town gathering, “Adorable” met some friends. On December 29th around 5:30 AM, a young driver, along with “Adorable” and two others, left the gathering. The car soon crashed on a curved overpass and rolled into a nearby river. While the river wasn’t deep, and the other passengers escaped through open windows, the window next to “Adorable” was closed, trapping them inside to drown.

Currently, the police have detained the 16-year-old driver.

At 16, the driver is underage and ineligible for a license, as the minimum age for driving is 18.

According to the “Road Traffic Safety Law of the People’s Republic of China”:

  • Motorcycle license: 16 years and older
  • Small car license: 18 years and older
  • Medium and large car license: 20 years and older

The 16-year-old, driving without a license, may be suspected of traffic accident crime. Being a minor, the subsequent penalties are uncertain.

Article 133 of the Criminal Law states that violating traffic and transportation regulations resulting in severe injuries, fatalities, or significant property damage can lead to imprisonment of up to three years or detention; fleeing the scene or other particularly egregious circumstances can increase the sentence significantly.

It is a fervent hope that such tragedies are never repeated.

A Sigh

A sigh.

A young life gone just like that, leaving one with a sense of regret.

And the perpetrator is only 16 years old, both in terms of civil and criminal responsibility, it’s unlikely they will bear a heavy burden.

I. Criminal Aspect: Suspected of Traffic Accident Crime

However, the perpetrator is only 16 years old. Although our country’s criminal law stipulates that criminal responsibility is assumed at the age of 16, in practice, the punishment for traffic accident crimes is not severe. If the offender confesses, compensates actively, and obtains forgiveness from the parties involved, they generally can obtain probation.

Those who commit traffic accidents under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention: (1) Causing the death of one person or the injury of three or more persons, and bearing all or the main responsibility for the accident; (2) Causing the death of three or more persons, with equal responsibility for the accident; (3) Causing direct losses to public or others' property, bearing all or the main responsibility for the accident, and being unable to compensate an amount exceeding 300,000 yuan. Those who cause one or more persons to be seriously injured in a traffic accident, bear all or the main responsibility for the accident, and fall under any of the following circumstances shall be convicted and punished for traffic accident crimes: (1) Driving a motor vehicle under the influence of alcohol or drugs; (2) Driving a motor vehicle without a driving license; (3) Driving a motor vehicle knowingly with incomplete safety devices or malfunctioning safety equipment; (4) Driving a motor vehicle knowingly without a license or with a scrapped license; (5) Serious overloading while driving; (6) Fleeing the scene to evade legal responsibility.

Furthermore, the perpetrator is currently 16 years old and a minor, so the legal sentencing will also take that into account. Therefore, it is highly likely that they will receive probation.

II. Civil Compensation Aspect

According to the news description, the young man should be the driver, and the deceased’s death resulted from falling into the sea, which does not fall within the scope of compensation under strong commercial third-party insurance. Therefore, there is no insurance compensation.

So, who should bear the compensation responsibility?

The young driver.

However, this young man is only 16 years old, and it’s uncertain whether he has the financial means to compensate.

So, it’s just a sigh.

When going out, it’s better to be cautious and keep an eye out; accidents are unpredictable.

Establishing the Crime of Traffic Accident

Article 133 of the Criminal Law [Crime of Traffic Accident] Violating regulations on traffic and transportation management, resulting in a significant accident, causing serious injuries, death, or significant damage to public or private property, shall be punished with imprisonment for not more than three years or detention; in cases where the perpetrator flees after causing a traffic accident or in cases with other particularly heinous circumstances, the punishment shall be imprisonment for not less than three years but not more than seven years; if someone dies as a result of fleeing, the punishment shall be imprisonment for not less than seven years.

Here, I would also like to mention the issue of driving without a license and traffic accidents. The driver’s license can only be obtained at the age of 18, but in this case, the driver is over 16 but not yet 18, so they certainly do not have a driver’s license. However, driving without a license is not a key factor; the causal relationship of the accident is crucial.

According to Article 17 of the “Procedures for Handling Road Traffic Accidents,” after determining the cause of a traffic accident, the public security authorities shall determine the liability of the parties involved based on the causal relationship between the parties' illegal acts and the traffic accident, as well as the role of the illegal acts in the traffic accident. If the parties involved have not committed any illegal acts, or if their illegal acts have no causal relationship with the traffic accident, they shall not bear the liability for the traffic accident.

Unforeseen Circumstances

There is a saying that fits perfectly: “Heaven has unpredictable changes, and people have fortunes and misfortunes from day to day.”

No one knows whether tomorrow or an accident will arrive first.

The family of “Eu Cute” stated that at the time, “Eu Cute” met some friends at a gathering in a town.

In the world of young people, there are surprises every day. Making new friends is a joyful thing, but factors like a friend’s background, personality, profession, and driving skills were not considered necessary; being happy in the moment was enough.

On December 29th of last year, around 5:30 in the morning, a young man was driving “Eu Cute” and two others, a male and a female, leaving the gathering. All of them had just met.

If it were an older internet celebrity or one with more life experiences, they probably wouldn’t have taken a ride from friends they just met.

Shortly after leaving, while driving on an elevated road with a curve, the young man turned right, and the car went off the elevated road and flipped into a nearby river, submerged in shallow water. The windows of the other three people’s cars were open, but the window near “Eu Cute” was closed and couldn’t be opened. The other three managed to escape, but “Eu Cute,” who had a petite stature, drowned.

Tragedies can happen inadvertently, by chance, or perhaps there’s an element of inevitability.

May the departed rest in peace, and may the living stay strong. Human life is so fragile; we must take good care of ourselves and others.

The world of spirited young men and young ladies is like this, just like a female rider charging with shattered jade.

Survival Tips for When a Car Falls into Water

Last year in July, video blogger Chen, while playing on a beach in Wanning, Hainan, tragically drowned, possibly swept away by offshore currents. Subsequently, personnel from the Third Division of the Hainan Provincial Public Security Department’s Coast Guard confirmed that they found him, but unfortunately, he had passed away, as confirmed by forensic examination.

After a Car Accidentally Falls into Water

There are five chances to survive:

  1. Quickly release the central locking, unfasten your seatbelt, and open the car door to escape. Otherwise, under the pressure of the water, the door can only be opened when the cabin is filled with water, missing the best escape opportunity.

  2. Prioritize opening the sunroof for escape before electrical failure, to avoid short circuits and system failures caused by water immersion.

  3. Escape through the rear door. Most cars have a front-engine layout, making the front heavier. After a car falls into water, the rear often tilts upward, resulting in lower water pressure on the rear door, making it easier to open.

  4. Break the window for escape. Use a safety hammer or pull out the headrest and vertically smash the four corners of the side window. Note that it is advisable not to choose the tougher front windshield.

If you cannot break the window or door and water is about to fill the cabin, take a deep breath and seize the last chance. After the cabin is filled with water, and the internal and external pressure equalizes, immediately kick open the car door to escape.

After exiting the car, keep your face up.

Non-swimmers should try to grab onto some floating objects before breaking the car window.

Float towards the water surface as much as possible and await rescue.

Never stay passive inside the car due to fear of not being able to swim.

To seek virtue is to find virtue; when reaching the grave, the police also arrive.

Life is precious, but at only twenty years old

A friend of a former colleague by my side, also sacrificed at the age of twenty, joined the army at eighteen, and sacrificed at twenty

At the age of a flower, withering prematurely

May the departed rest in peace, and may their family find solace in mourning

The deceased is young, and it’s indeed regrettable that a young girl lost her life in her twenties. However, if I put myself in her shoes, would I let a 16-year-old “friend” who had been drinking drive me? With such a circle of friends, accidents are bound to happen sooner or later.

Unfortunately, this young girl had to leave so early due to such an incident. At the same time, several people who were riding together chose self-preservation and self-rescue when the danger occurred, instead of attempting to rescue her. This can only be described as a sigh. Will they blame themselves in their hearts?

Considering the current situation and the age of the boy involved, according to Article 17 of the Criminal Law, individuals who are over sixteen years old and commit crimes should bear criminal responsibility. Therefore, the actions of this boy likely amount to a traffic accident, but as for his future sentencing, it should be reduced or mitigated according to legal provisions.

Tragic Loss of Influencer Oukela in a New Year’s Eve Accident

On New Year’s Day in 2022, a day filled with hope and happiness for many, turned into a painful tragedy for the fans and family of motorcycle influencer Oukela.

At just 24 years old, Oukela met with a fatal accident in Hainan, falling into the sea. On December 27th, she posted her last video, capturing the moments of her celebrating New Year’s Eve with friends in Hainan.

In the video, she and a group of young friends were setting off fireworks by the seaside, appearing joyful and vibrant. However, this cheerful scene turned into a farewell to her life. According to Oukela’s friends, on the morning of December 29th, she and two friends planned to go camping but tragically got involved in a serious accident near Riyue Bay.

The car plunged into the water headfirst, and while the other occupants managed to escape, Oukela remained trapped inside, ultimately drowning. Her untimely demise weighed heavily on her family and fans. The scene of the accident was in a remote area with poor road conditions, and there were no streetlights at night, potentially contributing to the accident.

Despite being a native of Guizhou and a member of the Miao ethnic group, Oukela had a lively and energetic appearance, earning her a reputation as one of the cutest and most adorable motorcycle bloggers in the community. Her unique height and kawaii appearance had garnered her over a million fans. However, this cheerful and outgoing girl lost her life in a tragic accident while riding with friends.

It’s worth noting that the driver was a 16-year-old minor, and there were suspicions of drunk driving involved. Oukela was a passenger in his car and suffered the consequences of this unfortunate incident, sparking reflection on the need for greater caution among young people seeking thrills.

Oukela’s passing seemed almost fateful, as she had previously hinted at her tragic fate in her interactions. She mentioned being “in the sea” and expressed a reluctance to return to Guizhou. These premonitions make her premature passing all the more heart-wrenching.

Oukela had a deep love for the sea and freedom during her lifetime. She had earned a substantial income as an influencer, purchasing a house in Hainan for a more convenient seaside lifestyle. However, the risks and excitement in the motorcycle community serve as a reminder that young people must learn how to protect themselves while indulging in recreation.

In conclusion, we hope that Oukela may rest in peace, and we also hope that this tragedy serves as a profound wake-up call against drunk driving and reckless driving, encouraging more people to cherish life.

Have the remaining three individuals ever attempted to collaborate to pull her out through the windows of another vehicle?

First meeting at a gathering, 2 males and 2 females, with a 16-year-old driver, all the essential elements in place. If there’s no car accident, they probably went to play a game of poker with four people.

Is hitting and killing an internet celebrity a first-degree crime? Or should there be leniency? Or was it a case of a 16-year-old child causing the accident beforehand?

The Spirit Young Man is so popular and flamboyant, it’s just a matter of time before he burns out.

Wishing can sometimes be both good and bad, working or not. Just the day before yesterday, when I arrived in Hainan for a vacation, I said I didn’t want to go back to Guizhou and wished I could sleep in the sea. Surprisingly, the next day, I actually did sleep in the sea.

Everyone in the same car as her miraculously survived. Perhaps it was destined to be so.

20 years of attention as an internet celebrity, gone in 24 years.

If it’s 5:30 in the morning, you can understand it as almost an all-nighter. Riding in a car driven by a minor who just pulled an all-nighter fits well with the stereotypical image of motorcycle internet celebrities.