Lawyer

Chapter 118 Don't talk about martial arts!

In the next few days, Fang Yi ran to the detention center for meetings, and went to the court to investigate the case files. He was extremely busy.Seeing that Director Sun couldn't suppress him, he could only take one step at a time. As long as his lawyer's certificate was in the firm, it would be fine. The more there are, the more there will be left in the institute.

For this 40.00% retention, Director Sun thought about how to give Fang Yi some convenience. He felt that managing lawyers like Fang Yi is the same as managing the Yellow River. People are forced to go to Liangshan.

More than half a month later, Mr. Qian's dangerous driving case was opened, but Qian Linlin's husband Cao Yueshan's contract fraud case (second instance), the court has never notified the hearing time.

At [-]:[-] in the morning, Fang Yi came to the sixth trial division of the county court. The male judge who tried Mr. Qian's case was a fat man with a big face and eyes that looked like he was full of energy.

The prosecutor sitting in the public prosecutor's seat was Fang Yi's old acquaintance, Prosecutor Song, he was still the same, with a stubborn face.

After the previous procedures were completed, the defendant Sun Lianpeng was escorted into the courtroom after the middle-aged female judge rang the gavel.Mr. Qian, who was sitting in the dock, was in a bad mood. He glanced at Fang Yi, bowed his head and remained silent, waiting for the trial.

...The fat judge looked at the public prosecutor: "Now the court investigation is underway, and the public prosecutor is asked to read the indictment."

Prosecutor Song picked up the indictment: "Defendant Qian Lianyuan, male, resident ID number...

The investigation of this case was concluded by the County Public Security Bureau, and the defendant Qian Lianyuan was suspected of dangerous driving, and was transferred to this court for review and prosecution on March [-], [-].After accepting the case, the court informed the defendant the right to entrust a defender and the possible legal consequences of pleading guilty and accepting punishment the next day, interrogated the defendant according to law, and reviewed all case materials.

The legal investigation revealed that:
At about 25 o'clock on February 2, 38, the defendant Qian Lianyuan was driving an unnumbered "Raytheon" four-wheeled electric vehicle with a B12 driver's license after drinking. , collided with the heavy-duty semi-trailer tractor driven by Wei Tian driving in the same direction along the road section, causing the defendant Qian Lianyuan to be injured and the two vehicles to be damaged to varying degrees.

Afterwards, the traffic police brigade of the County Public Security Bureau found that the defendant Qian Lianyuan was secondary to the accident.On March 189, 100, as identified by Tianyuan Judicial Appraisal Institute, the unnumbered "Thor" brand four-wheeled electric vehicle driven by the defendant was a pure electric vehicle and belonged to a motor vehicle; the ethanol content in the defendant's blood was [-]mg/[-]ml .

The defendant was driving a motor vehicle while intoxicated on the road, and his behavior constituted the crime of dangerous driving.

The evidence for the above facts is as follows:
[-]. Vehicle and alcohol identification report;
[-]. The defendant's statement;
[-]. On-site records made by the traffic police.

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 Qian Lianyuan 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 Qian Lianyuan be given a lighter punishment, sentenced to three months of criminal detention, and fined RMB 5000.

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.complete. "

"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 fat judge looked at Qian Lianyuan.

"Listen clearly. I have objections. I don't think I'm driving a motor vehicle at all. I haven't committed a crime." Qian Lianyuan said resolutely.

As soon as Mr. Qian said that, Prosecutor Song suddenly raised his head and looked at him: What are you doing!Didn't you say you were guilty and punished during the interrogation before? Why did you suddenly change your mind?Don't talk about Wude!

Qian Lianyuan pleaded not guilty in court, which surprised Fang Yi. When he went to see Qian Lianyuan before, Mr. Qian pleaded guilty very well.Maybe it was because Mr. Qian came to his senses after hearing Fang Yi's innocence defense plan during the meeting, or maybe Mr. Qian was afraid of hot pepper water, tiger stool and other upper body, so a good man would not suffer the immediate loss. What happened? Only he himself knows.

"Does the public prosecutor need to question the defendant about the criminal facts charged in the indictment?" the fat judge asked.

"There's no need to ask." Inspector Song felt the hatred in his heart. If he had known that you had not pleaded guilty, he should have changed the proposed sentence to six months.

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

"Need." Fang Yi looked at Qian Lianyuan: "Defendant, what kind of car were you driving when you were investigated on the day of the incident?"

"I spent more than 2 yuan to buy a four-wheeled electric car in a store." Qian Lianyuan spoke with confidence. He didn't know if he was going all out or felt that he was justified.

"When you bought an electric car, did anyone tell you that the four-wheeled electric car you bought was a motor vehicle?" Fang Yi asked.

"No. There are four-wheeled electric vehicles without brands all over the street. We call them old-age scooters and don't treat them as motor vehicles." Qian Lianyuan said.

"Has the transportation department approached you and asked you to manage electric vehicles in accordance with motor vehicle standards and obtain a license plate?" Fang Yi continued to ask.

"No. No one has ever approached me. The car seller didn't even ask for a license plate." Qian Lianyuan said.

"What do you do?" Fang Yi asked.

"Before I retired, I was a truck driver in the company." Qian Lianyuan said.

"As an old driver, do you think four-wheel electric vehicles are motor vehicles?" Fang Yi asked.

"How can this be considered a motor vehicle? I have driven a car all my life, and I am very clear about what a motor vehicle is. The four-wheeled electric car I bought is at best a big toy, not a motor vehicle. It can only be used for short distances. It's not far, and it can't run fast, it's not a motor vehicle." Qian Lianyuan said loudly.

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

"The public prosecutor is invited to present the evidence," said the fat judge.

"The first piece of evidence, the identification report, proved that the vehicle driven by the defendant was a motor vehicle, and the defendant was in a state of drunken driving at the time of the incident;
The second piece of evidence, the defendant's confession, proved that the defendant drank a lot of liquor that morning and had drunk alcohol before driving the vehicle;
The third piece of evidence, the on-site transcript made by the traffic police, proved that the defendant was driving under the influence of alcohol at the time of the incident.

complete! " Inspector Song said.

(End of this chapter)