Lawyer

Chapter 109 Is an Electric Vehicle a Motor Vehicle?

Prosecutor Song cleared his throat and continued: "After identification, the defendant's blood alcohol content was 180.08 mg/100 ml. The defendant was driving a motor vehicle while drunk on the road, and his behavior constituted a crime of dangerous driving.

The evidence for the above facts is as follows:
[-]. One Antelope brand electric car;
[-]. The defendant's statement;
[-]. On-site alcohol test report and appraisal report.

The above-mentioned evidence collection procedure is legal, and the content is objective and true.The defendant had no objection to the alleged criminal facts and evidence, and voluntarily pleaded guilty and accepted punishment.

This court believes that the behavior of the defendant Sun Lianpeng has violated the provisions of Article 130 of the "Criminal Law of the People's Republic of China". The facts of the crime are clear and the evidence is reliable and sufficient. He should be investigated for criminal responsibility for the crime of dangerous driving.

In view of the fact that the defendant truthfully confessed his crimes after being brought to justice, and has a good attitude of pleading guilty, it is recommended that the defendant Sun Lianpeng be given a lighter punishment, sentenced to two months of criminal detention, and fined RMB 3000.

According to the provisions of Article 170 of the "Criminal Procedure Law of the People's Republic of China", if a public prosecution is filed, please sentence it according to law. "

"Defendant, did you hear clearly the indictment read out by the public prosecutor just now? Do you have any objection to the criminal facts and charges charged in the indictment?" The female judge looked at Sun Lianpeng.

"Listen clearly, I have no objection." Sun Lianpeng had a good attitude.

This is also the strategy he discussed with Fang Yi before. Sun Lianpeng pleaded guilty and Fang Yi pleaded not guilty.Even if the court really convicts the defendant, it will consider Sun's confession attitude and give a light sentence.

"Does the public prosecutor need to interrogate the defendant on the criminal facts charged in the indictment?" The female judge continued.

"No need to ask." Inspector Song said.

This kind of case is simple, and the procuratorate does not know how many cases it has to handle every year. When it comes to the court, it is just a procedure, so there is nothing to ask.

"Does the defendant's defender need to ask the defendant questions?" The female judge looked at Fang Yi and asked.

"Need." Fang Yi looked at Sun Lianpeng: "Defendant, what kind of car were you riding when you were investigated on the day of the incident?"

"I bought the electric bicycle in the store for more than 2000 yuan." Sun Lianpeng said.

"When you bought a car, did someone tell you that an electric bicycle is a motor vehicle?" Fang Yi asked.

"No." Sun Lianpeng said.

"Has any relevant department approached you and asked to manage electric bicycles according to the standards of motor vehicles?" Fang Yi continued to ask.

"No." Sun Lianpeng said.

Fang Yi stopped asking questions and looked at the judge: "I'm done asking."

"Next, I ask the public prosecutor to present the evidence," the judge said.

"The first piece of evidence is the photo of the Lingyang brand electric car, which is currently stored in the public security agency, proving that the defendant was riding this car at the entrance of the village for investigation;
The second piece of evidence, the defendant's confession, proved that the defendant drank a lot of liquor before being investigated and confessed to the crime;

The third piece of evidence, the on-site alcohol test report, and the appraisal report, proved that the defendant was in a drunk state at the time, and the electric bicycle he was riding was an electric bicycle that exceeded the standard. "Prosecutor Song read out the evidence one by one.

"What objections does the defendant have to the evidence?" asked the female judge.

"No objection." Sun Lianpeng said.

"What is the defense's opinion on the evidence?" asked the judge.

"I have no objection." Fang Yi said.

"Does the defendant's defender have any evidence to submit?" the judge asked.

"There is no evidence." Fang Yi said.

The key point of this case is not the evidence, but whether the electric bicycle is a motor vehicle.If it is not a motor vehicle, Sun Lianpeng will naturally not constitute a crime of dangerous driving, and vice versa.

"The facts of this case have been investigated clearly, the court investigation is over, and now the court debate will begin. The public prosecutor and defender are invited to debate around the disputed facts and how to apply the law.

Prosecutors are invited to present their arguments. said the judge.

"In our view, the defendant constituted dangerous driving for the following reasons:
First, the defendant's electric bicycles are electric bicycles that exceed the standard, and electric bicycles that do not meet the national standards should not be classified as non-motor vehicles.

Items 110 and [-] of Article [-] of the "Road Traffic Safety Law of the People's Republic of China" stipulate: "Motor vehicles refer to vehicles that are driven or drawn by a power plant and run on roads for passengers or for transporting goods and carrying out projects. Wheeled vehicles for special operations.

"Non-motor vehicle" refers to vehicles driven by human or animal power and driven on the road, as well as motorized wheelchairs and electric bicycles for the disabled who are driven by power devices but whose design maximum speed per hour, empty vehicle quality, and external dimensions meet the relevant national standards. Transportation.

According to the provisions of the "Road Traffic Safety Law", the electric bicycles ridden by the defendant belonged to electric vehicles exceeding the standard, and electric bicycles exceeding the standard were not within the scope of non-motor vehicles, but should be classified as motor vehicles.

Second, from a technical point of view, electric bicycles that exceed the standard meet the technical requirements of motorcycles and should belong to motor vehicles.

According to the "Technical Conditions for Motor Vehicle Operation Safety" (mandatory national standard GB7258-2012) implemented on September 20, [-], a motorcycle is defined as a road vehicle driven by a power plant and has two or three wheels. Four types of vehicles, such as two-wheeled vehicles that are electrically driven, have a maximum design speed of no more than [-]. km/h, have human riding functions, and whose curb weight, outer dimensions, and rated power of the motor meet the national standards, are excluded. outer.

Among them, those with a maximum design speed of no more than 50 km/h are mopeds, and those with a maximum design speed of more than 50 km/h are ordinary motorcycles.

According to the above provisions, the defendant's electric bicycle exceeding the standard has reached the technical requirements of a moped, so it is a motor vehicle.

To sum up, in this case, the design maximum speed of the electric bicycle driven by the defendant while drunk was greater than 20 km/h, and the weight of the whole vehicle exceeded 40 kg, which had reached the technical standard of a moped and should be classified as a motor vehicle. Therefore, the defendant was drunk The act of driving an electric bicycle constitutes a crime of dangerous driving.

complete. " Inspector Song said.

"The defendant expresses his defense opinion." The female judge looked at Sun Lianpeng.

"I plead guilty." Sun Lianpeng said sincerely. At this time, he just wanted to go home early and didn't want to stay in the detention center any longer.

"The defender expresses his defense opinion." After the female judge finished speaking, she looked at Fang Yi.

Fang Yi pondered for a while, and said: "Dear presiding judge and judges of the collegial panel, I am entrusted by the defendant Sun Lianpeng in this case to act as his defender. My defense opinions are as follows:
[-]. Electric bicycles should not be classified as motor vehicles, and the concept of "motor vehicles" should not be interpreted arbitrarily.

Regarding whether electric bicycles exceeding the standard are motor vehicles, the relevant administrative regulations have not clearly stipulated. "

(End of this chapter)