Chapter 118 No martial ethics!

Author: Snow Yinghong Plum

Chapter 118 No martial ethics!

In the next few days, Fang Yi went to the detention center to meet and went to the court to review the case files. He was very busy. Seeing that he could not suppress him, Director Sun had to take one step at a time. As long as his lawyer's certificate was in the office, it would be fine. After all, forty percent of the lawyer's fees for Fang Yi's own case were left in the office. The more he earned, the more he left in the office.

Just for the 40% retention, Director Sun thought that he would give Fang Yi some convenience. He thought that managing a lawyer like Fang Yi was the same as managing the Yellow River. It was better to be dispersed than blocked. He should keep people, and not force them to Liangshan.

More than half a month later, the court never notified the court time of Mr. Qian's dangerous driving crime.

At nine o'clock in the morning, Fang Yi came to the Sixth Trial Court of the County Court. The male judge who tried Mr. Qian's case was a fat man, with a big face and a pair of eyes that looked embarrassed and charming. The fat judge's robe was just right on his body, which blocked his fat body.

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

After the previous procedure was completed, after the middle-aged female judge beat the gavel, the defendant Sun Lianpeng was taken to the court. Mr. Qian, who was sitting in the dock, was in a bad mood. He glanced at Fang Yi, lowered his head and remained silent, waiting for trial.

...The fat judge looked at the prosecutor: "Now the court investigation is underway, please read the indictment."

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

The case was concluded by the county public security bureau. The defendant Qian Lianyuan was suspected of dangerous driving and transferred it to this court for review and prosecution on March 30, 2013. After accepting the case, the court informed the defendant the next day that the legal consequences of entrusting a defense lawyer and pleading guilty and accepting punishment. He interrogated the defendant in accordance with the law and reviewed all case materials.

After review in accordance with the law, it was found that:

At around 9:00 on February 25, 2013, the defendant Qian Lianyuan drove a four-wheeled electric vehicle without a license with a B2 driver's license. When he was driving to the 38km+12m section on the Qingshui River, he collided with the heavy semi-trailer driven by Wei Tian, ​​who was driving along the section of the road, causing the defendant Qian Lianyuan to be injured and the two vehicles were damaged to varying degrees.

Later, the traffic police brigade of the county public security bureau determined that the defendant Qian Lianyuan assumed the secondary responsibility for the accident. On March 8, 2013, the Tianyuan Judicial Appraisal Institute identified that the four-wheeled electric vehicle without a number "Thor" brand driven by the defendant was a pure electric vehicle and belonged to a motor vehicle; the ethanol content in the defendant's blood was 189mg/100ml.

The defendant drove a motor vehicle drunk on the road, and his behavior constituted the crime of dangerous driving.

The evidence for determining the above facts is as follows:

1. Vehicle and alcohol identification report;

2. The defendant's confession;

3. On-site transcripts produced by traffic police.

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

This court believes that the defendant Qian Lianyuan's behavior has violated Article 133 of the Criminal Law of the People's Republic of China, the crime is clear, the evidence is true and sufficient, and he should be held criminally responsible for the crime of dangerous driving.

Given that the defendant truthfully confessed his crime after being arrested and had a good attitude of pleading guilty, it is recommended that the defendant Qian Lianyuan be given a lighter punishment, sentenced to three months of detention, and a fine of RMB 5,000.

According to Article 176 of the Criminal Procedure Law of the People's Republic of China, public prosecution is filed and sentenced according to law is completed."

"Defendant, have you heard clearly the indictment read by the prosecutor just now? Do you have any objections to the criminal facts and charges accused of your indictment?" The fat judge looked at Qian Lianyuan.

"I heard it clearly, I have objections. I think what I am driving is not a motor vehicle at all, and I have not committed any crime." Qian Lianyuan said firmly.

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 that you would admit guilt and accept punishment when interrogating before? Why did you suddenly change your words? You don’t talk about martial ethics!

Qian Lianyuan refused to plead guilty in court, which surprised Fang Yi. When he went to see Qian Lianyuan before, Mr. Qian had a good attitude of admitting guilt. Perhaps when he met, Mr. Qian woke up after hearing Fang Yi's defense of innocence, he was shocked, or Mr. Qian was afraid of pepper water, tiger benches and other upper body, and a hero came and did not suffer any loss in front of him. Only he knew exactly what was going on.

"Whether the prosecutor needs to interrogate the defendants about the crimes alleged in the indictment," asked the fat judge.

"No need to ask." Inspector Song's hatred had known that he would not plead guilty, he should have changed the recommended sentence to six months.

"Does the defendant's defense lawyer need to ask the defendant?" The fat judge looked at Fang Yi and said.

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

"I spent more than 20,000 yuan to buy the four-wheeled electric car in the store." Qian Lianyuan was very confident in speaking. I don't know if he was willing to give it up or felt that he was right and said with a slight chest and belly.

"When you buy an electric car, has anyone told you that the four-wheeled electric car you bought is a motor vehicle?" Fang Yi asked.

"No. There are four-wheel electric vehicles on the streets without brands. We all call them old scooters and don't use them as motor vehicles." Qian Lianyuan said.

"Have any transportation department ever asked you to manage electric vehicles according to the standards of motor vehicles and get a license?" Fang Yi continued to ask.

"No. No one has ever asked me. The car seller didn't say he wanted to get a license plate." Qian Lianyuan said.

"What kind of work do you do?" Fang Yi asked.

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

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

"How can this be considered a motor vehicle? I have been driving a car for my whole life. It is still very clear what a motor vehicle is. The four-wheeled electric vehicle I bought is at best a big toy and cannot be considered a motor vehicle. It can only be used for short distances, can't run far, and 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've finished asking."

"Next, please give the prosecutor evidence." said the fat judge.

"The first evidence, the appraisal report, proves that the vehicle driven by the defendant was a motor vehicle, and the defendant was driving drunk at the time of the incident;

The second piece of evidence, the defendant's confession, proves that the defendant drank a lot of liquor that morning and had drunk alcohol before driving the vehicle;

The third piece of evidence is a live record produced by the traffic police, proving that the defendant was driving on the road while drunk at the time of the incident.

Finished!" Prosecutor Song said.
Chapter completed!