【裁判要旨】法规竞合时应当以实际可能判处的刑罚择一重处断。运送赃物途中违章驾驶,发生单方事故致同案犯死亡的,构成交通肇事罪。盗窃同案犯的生命健康权受法律保护,能够认定为交通肇事罪的被害人。未挂牌车辆 The purpose of the referee When competing laws and regulations should be sentenced to the actual sentence may be sentenced to one count. Unlawful driving on the way of delivery of stolen goods and the deaths of accomplices resulting from a unilateral accident, constitute the crime of traffic accident. The right to life and health of the homophobic inmates is protected by law and can be identified as the victim of crimes of traffic accident. Unlisted vehicles