Lawyer

Chapter 119
"What objections does the defendant have to the evidence?" asked the fat judge.

"No objection." Qian Lianyuan said.

"What's the defense's opinion on the evidence?" The fat judge looked at Fang Yi.

"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 the same as the Sun Lianpeng case, not on the evidence, but on whether the four-wheeled electric vehicle (elderly scooter) is a motor vehicle.If it is not a motor vehicle, it naturally does not constitute a crime of dangerous driving.

"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, according to the third and fourth items of Article 110 of the "Road Traffic Safety Law of the People's Republic of China": "Motor vehicles refer to vehicles that are driven or drawn by a power plant and run on roads for passenger use or for transportation. Items and wheeled vehicles for special engineering operations.

After appraisal, the defendant's electric vehicle met the above conditions and belonged to a motor vehicle.

Second, according to the on-site records and identification results of the traffic police department, the defendant was driving a motor vehicle while intoxicated at the time of the incident.

To sum up, in this case, the defendant’s behavior of driving a four-wheeled electric vehicle while intoxicated constituted the crime of dangerous driving. " Inspector Song said.

After Inspector Song finished speaking, he glanced at Fang Yi who was facing him: This time we asked an appraisal agency to conduct an appraisal. The four-wheeled electric vehicle meets the conditions of a motor vehicle and is a motor vehicle. I'll see how you defend it.

"The defendant expresses his defense opinion." The fat judge looked at Qian Lianyuan.

"I don't think that driving an electric car (an old scooter) after drinking constitutes a crime of dangerous driving." Qian Lianyuan said.

"The defender issued a defense opinion." The fat judge said.

"Dear presiding judge and judges of the collegial panel:
I am entrusted by the defendant Qian Lianyuan in this case to act as his defender.The defense is as follows:
First of all, the crime of dangerous driving is an administrative crime. We believe that the understanding of the concept of "motor vehicle" should be consistent with the corresponding administrative regulations, and the interpretation cannot be expanded arbitrarily.

The public prosecutor mentioned just now that according to the third and fourth items of Article 110 of the "Road Traffic Safety Law of the People's Republic of China": "Motor vehicles refer to vehicles that are driven or drawn by power devices and run on roads for people to ride or use. Wheeled vehicles used for transporting goods and carrying out special engineering operations.

We believe that judging whether the perpetrator realizes that the vehicle he drives is a motor vehicle in the legal sense should be comprehensively evaluated based on the life experience, level of awareness and understanding of ordinary people.

At present, none of the laws and regulations that have yet been issued clearly stipulates the legal attributes of electric vehicles, and relevant departments have not managed electric vehicles as motor vehicles, so the general public cannot be required to recognize that electric vehicles are motor vehicles.

Returning to this case, although the unlicensed "Raytheon" four-wheeled electric vehicle driven by the defendant was identified as a motor vehicle, it did not prove that the defendant recognized that electric vehicles belonged to motor vehicles. In the case of a motor vehicle, we believe that the identification agency's determination that the electric vehicle is a motor vehicle is beyond its scope of authority and should not be accepted by the court.

In addition, after the defendant purchased the "Raytheon" brand electric vehicle, during the use process, the traffic management department did not inform him to hang the number plate, purchase insurance, hold a motor vehicle driver's license and other regulations for motor vehicles to drive on the road.

As an experienced old driver, the defendant believed that the electric car he purchased was slow and had a short journey, and was at best a big toy, not a motor vehicle at all.This also fully proves that the defendant subjectively did not intend to commit the crime of dangerous driving.

According to the principle of consistent subjectivity and objectivity, the defendant did not constitute the crime of dangerous driving.Therefore, the charges charged by the public prosecution agency cannot be established, and your court is requested to accept the defender's opinion.

The defense opinion has been delivered. "Fang Yi said.

Although Fang Yi said so, he didn't think so in his heart, because judging from the traffic accidents of electric bicycles and elderly scooters that have occurred in recent years, once the operation is improper or drunk driving, the harm caused by electric bicycle accidents is less Not less than a motor vehicle.

But if you use other people's money to eliminate disasters, whoever eats it has to go to that person. As a lawyer, Fang Yi must perform his duties and strive for the best interests of the client.

"Do both sides have any additional debate opinions?" The fat judge asked blankly.

"No." Both parties replied.

"The court debate is now over. According to Article 160 of the Criminal Procedure Law of the People's Republic of China, the defendant has the right to make a final statement. The defendant, Qian Lianyuan, is now up to you to make a final statement to the court." The fat judge said.

"I don't think it constitutes a crime..." Qian Lianyuan's inner quality is really not covered, and he speaks with full confidence and force.

……

"This court has gone through a public hearing, conducted court investigations and court debates, and heard the allegations of the public prosecutor, the opinions of the defendant, the defense and statements of the defendant, and the defense opinions of the defender. Now the court hearing is over..." The fat judge was not on the spot Announcing the verdict, he exited the courtroom after sounding the gavel.

Qian Linlin and several relatives and friends attended the hearing. Seeing that the trial was over, Fang Yi walked over, and Qian Linlin immediately went up to greet her.

"Lawyer Fang, when will the judgment come out?" Qian Linlin asked.

"We have to wait for the court's notice. The case is relatively simple, and the result should come out soon." After Fang Yi finished speaking, he comforted Qian Linlin and left the court.

Seeing that it was already 01:30, Fang Yi rubbed his belly and walked into a small restaurant on the side of the road. Because it was past meal time and there were no diners in the restaurant, he ordered a bowl of fried knives.

While he was eating stir-fried knives, his cell phone rang, and it was Yunmei calling.Yunmei told him the good news that the second-instance judgment of her third-instance objection lawsuit came down, and the second-instance court rejected the bank's appeal and upheld the original judgment.

After congratulating Fang Yi for a few words, he hung up the phone and continued to eat stir-fried knives with his head down.

After eating the sliced ​​noodles, Fang Yi wiped his mouth with a tissue and looked at the empty plate on the table: 20!Now there is only one second-instance case left. If I can win... Do my best to obey the destiny, I hope everything goes well.

On Sunday, he went to the city to meet Li Shuming. The case of Li Shuming buying a car under his name will start at [-] o'clock next Monday morning.

(End of this chapter)