Chapter 177 The Daluo God is helpless when he comes

Author: Snow Yinghong Plum

Chapter 177 The Daluo God is helpless when he comes

The male judge sitting on it is very fat. I don’t know if he is working too much overtime and is obese by technology and hard work. Fang Yi speculates that this guy must have 250 or 60 kilograms. Ouyang Jie’s case

It is a sole trial, so there is only one judge.

The procedures before the criminal case are fixed, and the trial begins at the moment when the fat judge beats the gavel.

...

The fat judge stared at the crowd with a pair of buns and looked at them: "Now the court investigation is underway, please ask the prosecutor to read the indictment."

Prosecutor Gao picked up the indictment: "The defendant Ouyang Jie, male, resident ID number...

The case was concluded by the district public security bureau. The defendant Ouyang Jie was suspected of traffic accident and transferred to this court for review and prosecution on June 18, 2013. After accepting the case, the court informed the defendant the next day that he had the right to entrust a defense lawyer.

As for the legal consequences of pleading guilty and accepting punishment, the defendant was interrogated in accordance with the law and reviewed all case materials.

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

At around 10 p.m. on June 9, 2013, Ouyang Jie drove a Harley motorcycle after drinking, carrying Zhu Lin at a speeding speed in the city. When he reached the intersection in front of the railway station, Ouyang Jie was inappropriate.

The Harley motorcycle hit a big tree next to the road, and the defendants Ouyang Jie and Zhu Lin were both injured, and the Harley motorcycle was seriously damaged. Later, the defendants Ouyang Jie and Zhu Lin were sent to the People's Hospital for treatment by the evil 20 who was rushed to the People's Hospital for treatment.

.

On the day of the incident, public security personnel extracted blood samples from the defendant Ouyang Jie in the hospital. After identification, Ouyang Jie's injury was severely injured, Zhu Lin's injury was mild, and Ouyang Jie's blood alcohol content was 104.5 mg/100 ml.

The evidence for determining the above facts is as follows:

1. A Harley motorcycle;

2. The defendant's confession;

3. Appraisal report;

4. People's Hospital diagnosis certificate.

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 Ouyang Jie'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 traffic accidents.

Given that the defendant truthfully confessed his crime and had a good attitude of pleading guilty, it is recommended that the defendant Ouyang Jie be given a lighter punishment, sentenced to two years and six months in prison, and a fine of RMB 1,000.

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

"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 Ouyang Jie.

"I heard it clearly, I have objections. I am not a traffic accident." Ouyang Jie's voice trembled.

When he was in the hospital, Ouyang Jie and Fang Yi discussed the case, and Fang Yi believed that he did not constitute a traffic accident at all. For Ouyang Jie, if it did not constitute a traffic accident, he would not have to go to prison. This is what he dreamed of.

, so he chose to believe Fang Yi.

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

"You need to ask." Prosecutor Gao said: "Defendant Ouyang Jie, did you obtain a motorcycle driver's license at the time of the incident?"

"No, no acquisition." Ouyang Jie said.

This is an indisputable fact. Even if he does not admit that the procuratorate can investigate it, and he believes that the procuratorate has already transferred its relevant information. There is no need for him to lie.

"The inquiry is completed." Prosecutor Gao said.

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

"Required." Fang Yi looked at Sun Lianpeng: "Defendant Ouyang Jie, judging from your identity information, you just turned 18 years old at the time of the incident, right?"

"Yes, I celebrated my birthday a few days before the incident." Ouyang Jie said.

"How much wine did you drink before driving a motorcycle, and what kind of wine is it?" Fang Yi asked.

"I drink less than a bottle of beer, so I can't remember it clearly." Ouyang Jie said.

"At the time of the incident, except for you being seriously injured, was Zhu Lin, who was with you, injured?" Fang Yi continued to ask.

"She was also injured. I heard from the doctor that the problem was not big, but the scratch was not serious. She went home after the wound was treated that day.

I am very sad about her injury. I regret it very much now. I shouldn’t have driven a motorcycle while drunk." After Ouyang Jie said that, he raised his right hand to wipe his tears.

Fang Yi didn't know whether he was crying for Zhu Lin's sadness or about the punishment he was about to face. When Fang Yi went to see Ouyang Jie before, he had never cared about Zhu Lin so much, and he was the only one in his heart.

"I've finished asking." Fang Yi said.

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

"The first evidence is a picture of the Harley motorcycle and the photos of the accident scene. The car is currently stored in the public security organs to prove that the defendant was riding the motorcycle and the traffic accident occurred;

The second piece of evidence, the defendant's confession, proves that the defendant drove a motorcycle while drunk and had an accident;

The third piece of evidence, the appraisal report, proves that the defendant was drunk at the time." Prosecutor Gao read the evidence one by one.

"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.

Facts are better than words, and all the evidence exists in reality, and there is no problem. The god Daluo came and there was nothing he could do. Fang Yi could only nod and confirm.

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

"There is no evidence." Fang Yi said.

Fang Yi had talked with Mr. Ouyang and Ouyang Jie before. The case was very simple and they had no evidence in their hands.

"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.

"We believe that the defendant constitutes a traffic accident for the following reasons:

According to Article 2, paragraph 2 of the "Interpretation of the Supreme Court on Several Issues Concerning the Specific Application of Laws in Trial Criminal Cases of Traffic Accidents": If a traffic accident causes more than one person to be seriously injured, he is responsible for all or mainly responsible for the accident and has one of the following circumstances,

Conviction and punishment for traffic accident: (I) After drinking, driving a motor vehicle after taking drugs...'

This article does not clearly exclude the circumstances that caused the injury to himself. Ouyang Jie's behavior of driving a motorcycle while drunk endangered the lives, physical or property safety of an unspecified majority of people, resulting in serious injury to himself and minor injuries to others, so his behavior constitutes a

The traffic accident is over." Prosecutor Gao said.

Today I will follow the new five chapters! Five chapters! New Year and New January, please give me monthly tickets, recommend tickets, and favorites!
Chapter completed!