Chapter 182 A sense of accomplishment

Author: Snow Yinghong Plum

Chapter 182 A sense of accomplishment

Mr. Ouyang was afraid that his son would be arrested by the police after he was discharged from the hospital, so he entrusted his relationship to arrange for his son to undergo rehabilitation training in the People's Hospital. In fact, he was hiding in the ward of a senior official waiting for trial.

A few days ago, Fang Yi met him in the hospital and then held a trial and formulated a defense plan. Although Ouyang Jie did not want to admit the crime of dangerous driving, the facts were better than words. This time, even lawyer Fang suggested that he plead guilty, and finally Ouyang Jie compromised.

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

"No need to ask." Attorney Gao said.

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

"No need." Fang Yi said.

...

"Prosecutor, has the evidence submitted changed before?" asked the fat judge.

"No change." Prosecutor Gao said.

"What objection does the defendant have to the evidence?" asked the fat judge.

"No objection." Ouyang Jie said.

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

"No objection." Fang Yi said.

This time, it was just a procedure. The evidence submitted by the prosecutor was confirmed in the last trial, and the judge was just confirming it again.

"Does the defendant's defense lawyer have any evidence that needs to be submitted?" the judge asked.

"There is no evidence." Fang Yi said.

"The facts of this case have been investigated clearly, the court investigation has ended, and court debates are now begun. The prosecutor and defense lawyer are asked to debate on issues such as disputed facts and how to apply the law.

Ask the prosecutor to express his debate opinion." The judge said.

"Okay, the defendant Ouyang Jie's behavior of driving a motor vehicle while drunk on the road without obtaining a motorcycle driving license has fully equipped the constituent elements of the crime of dangerous driving, and should be punished according to law.

According to the provisions of Article 2, Paragraph 1 of Article 2, Paragraph 1 of the "Opinions on Handling Criminal Cases of Drunk Driving Motor Vehicles and Several Issues Concerning the Application of Laws" issued by the Supreme Court, the Supreme Procuratorate, and the Ministry of Public Security (this document was issued in December 2013, and is borrowed in advance here) for drunk driving behaviors that cause traffic accidents and bear full or main responsibility for the accident shall be punished severely.

Ouyang Jie drives a two-wheeled motorcycle while drunk, carries someone else and causes serious injuries to him or her. If someone is slightly injured, the principle of severe punishment should be applied.

The debate was published." Prosecutor Gao said.

"The defendant expressed his defense opinion." The fat judge looked at Ouyang Jie.

"I plead guilty. I hope the court can give me a chance." Ouyang Jie bit his lower lip and raised his head and said. His voice trembled a little.

"The defense lawyer expressed his defense opinion." The fat judge continued.

"Dear Presiding Judge and all the judges of the collegial panel, I am entrusted by Ouyang Jie, the defendant in this case, to serve as his defense lawyer. Now I am expressing my defense opinions as follows:

We believe that although Ouyang Jie drove a motorcycle without a license and drunk, he caused a traffic accident, given that Ouyang Jie was seriously injured due to his drunk driving behavior, it has added a significant burden to his family. If he imposed severe punishments, it would be a humane and humble spirit.

In addition, Ouyang Jie's blood alcohol content is 104.5 mg/100 ml, which is only a little higher than the standard alcohol content in the blood of drunk driving 80mg/100ml. His blood alcohol content is lower and the circumstances are minor. The defendant Ouyang Jie truthfully confessed his crime after being arrested, and the defense lawyer suggested that he be exempted from criminal punishment. The court asked the court to adopt the defense lawyer's opinion.

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

"Does both sides have any additional debate opinions?" the judge next to him asked expressionlessly.

"No." Both sides replied.

"Now the court debate is 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 Ouyang Jie is now up to you to make a final statement to the court." The fat judge said coldly.

"I plead guilty and ask the court to give me a chance. I will definitely repent and study traffic law seriously. I will never drive on the road without taking a driver's license..." Ouyang Jie said for more than ten minutes, and then the few words that went over and over again. The fat judge ruthlessly interrupted his speech.

...

"After public trial, this court conducted a court investigation and court debate, listened to the prosecutor's allegations, the defendant's opinions and the defendant's defense, statements and defense opinions of the defense lawyer, and the court hearing ended.

Now the court is adjourned for ten minutes, and the verdict will be announced in court later, and the defendant will be taken out of the court." After the fat judge finished speaking, he rang the gavel.

Mr. Ouyang, who was sitting below, looked at Fang Yi inquiring, and Fang Yi nodded slightly and signaled him to wait a little longer.

Ten minutes later, the clerk asked all the people participating in the trial to stand up, and the fat judge read out the verdict: "...Ouyang Jie did not obtain a motor vehicle driver's license, drove a motor vehicle while drunk and had a traffic accident, and his behavior constituted the crime of dangerous driving.

Given that Ouyang Jie was able to truthfully confess his crime after being arrested, and his blood alcohol content is low and the circumstances are minor, he can be exempted from criminal punishment.

In accordance with the provisions of Article 133, Article 1, Article 67, Paragraph 3, and Article 37 of the Criminal Law, this court ruled that Ouyang Jie is guilty of dangerous driving and is exempted from criminal punishment. The court will serve the judgment within five days."

When he heard the word "free", Fang Yi's heart was finally let go, which was the best result he had expected.

If Fang Yi is not the defense lawyer of this case, from the perspective of a legal worker, he thinks it is more appropriate for the court to sentence probation in this case. But he is a lawyer and a defense lawyer, so he can only work hard to maximize the interests of the parties, because this is his responsibility.

After the verdict was announced, Mr. Ouyang asked the caregiver to push Ouyang Jie in a wheelchair out of the court. Then he walked over and held Fang Yi's hand tightly, his eyes full of gratitude, and finally said, "Thank you!"

Fang Yi nodded with a smile: "Go back first! Ouyang Jie will resume training in the afternoon."

After leaving the court, Fang Yi sent a WeChat message to his senior brother Zhou Shen and told him the verdict. After sending the WeChat message, he looked up at the gray sky (the smog is still very serious), and he once again felt the sense of accomplishment brought by the criminal case.

Zhou Deguang was having a meal at noon, and the message from his mobile phone was sounded. It was sent by his assistant: Mr. Ouyang’s son was exempted from criminal punishment!

Fang Yi felt a little tired, but in a good mood. After getting off the bus, he ordered a bowl of knife-cut noodles at the roadside noodle restaurant next to the long-distance bus station, and added some more spicy food. The weather was very hot, and the noodle restaurant was turned on, and the house was filled with diners. The smell of knife-cut noodles floated in the air and smelled very attractive.

Just as he was eating noodles, the phone rang, and it was Sister Lan who called.
Chapter completed!