Lawyer

Chapter 177

The male judge sitting on it is very fat. I don't know if he worked overtime and ate too much takeaway. He was obese due to technology and hard work. Fang Yi speculated that this guy must weigh [-] to [-] catties.Ouyang Jie's case was heard alone, so there was only one judge.

The procedures in front of criminal cases are fixed, and the trial starts from the moment the fat judge strikes the gavel.

……

The fat judge stared at the crowd with a pair of steamed buns: "The court investigation is now underway, and the public prosecutor is asked to read the indictment."

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

The case was concluded by the District Public Security Bureau, and the defendant Ouyang Jie was suspected of causing a traffic accident and was transferred to this court for review and prosecution on June [-], [-].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 [-] o'clock in the evening on June [-], [-], Ouyang Jie drove a Harley motorcycle after drinking, and drove Zhu Lin at speed in the urban area.When reaching the intersection in front of the railway station, Ouyang Jie mishandled the Harley motorcycle and crashed into a big tree beside the road. 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 rushed to the People's Hospital by Yao Er.

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

The evidence for the above facts is as follows:
[-]. A Harley motorcycle;
[-]. The defendant's statement;
[-]. Identification report;
[-]. The diagnosis certificate of the People's Hospital.

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 Ouyang Jie has violated the provisions of Article 130 of the "Criminal Law of the People's Republic of China".

In view of the defendant's truthful confession of his crimes and a good attitude towards confession, it is recommended that the defendant Ouyang Jie be given a lighter punishment, with a sentence of two years and six months in prison and a fine of RMB 1000.

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 Ouyang Jie.

"Listen clearly. I have objections. I am not guilty of causing a traffic accident." Ouyang Jie's voice was trembling.

When he was in the hospital before, Ouyang Jie discussed the case with Fang Yi, and Fang Yi believed that he did not constitute a crime of causing a traffic accident at all.For Ouyang Jie, if it does not constitute a crime of causing a traffic accident, he will not have to go to prison. This is his dream, so he chose to trust Fang Yi.

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

"Need to ask." Inspector Gao said: "Defendant Ouyang Jie, did you have a motorcycle driver's license at the time of the incident?"

"No, I didn't get it." Ouyang Jie said.

This is an indisputable fact that the procuratorate can investigate even if he does not admit it, and he believes that the procuratorate has transferred his relevant information.He doesn't have to lie.

"The inquiry is over." Inspector Gao said.

"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 Sun Lianpeng: "Defendant Ouyang Jie, judging from your identity information, you just turned eighteen when the incident happened, right?"

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

"How much alcohol and what kind of alcohol did you drink before driving the motorcycle?" Fang Yi asked.

"I drank less than one bottle of beer, so I can't remember exactly." Ouyang Jie said.

"During the incident, besides 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 serious, it was just a bruise, not serious, and she went home after treating the wound that day.

I am very saddened by her injury.I regret it very much now, I shouldn't have drunk and driven a motorcycle. "After Ouyang Jie finished speaking, he raised his right hand and wiped away his tears.

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

"I'm done asking." Fang Yi said.

"Next, I ask the public prosecutor to present the evidence," the judge said.

"The first piece of evidence, the photos of the Harley motorcycle and the scene of the accident, which is currently stored in the public security organ, proves that the defendant was riding this motorcycle in the traffic accident;
The second piece of evidence, the defendant's confession, proves that the defendant was driving a motorcycle while intoxicated and had an accident;
The third piece of evidence, the appraisal report, proved that the defendant was in a state of intoxication at the time. "Prosecutor Gao read out the evidence one by one.

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

"No objection." Ouyang Jie said.

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

"I have no objection." Fang Yi said.

Facts speak louder than words, all the evidence exists in reality, there is no problem, even if Da Luo Immortal came, Fang Yi could only nod his head to confirm.

"Does the defendant's defender have any evidence to submit?" the judge asked.

"There is no evidence." Fang Yi said.

Fang Yi had talked with Mr. Ouyang and Ouyang Jie before. The case is very simple and they don't have any evidence in their hands.

"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.

"We believe that the defendant constituted a crime of causing a traffic accident for the following reasons:
According to the "Interpretation of the Supreme Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents", Article [-], Paragraph [-] stipulates: "Where a traffic accident causes serious injury to more than one person, bears all or the main responsibility for the accident, and falls under any of the following circumstances, the Conviction and punishment for the crime of causing traffic accidents: ([-]) Driving a motor vehicle after drinking or taking drugs...'

This article does not explicitly exclude the situation of causing personal injury. Ouyang Jie’s behavior of driving a motorcycle after drinking has endangered the life, body or property safety of an unspecified majority of people, causing both serious injuries to himself and minor injuries to others, so his behavior constitutes Traffic accident crime.complete. " Inspector Gao said.

　A total of five new chapters today!Five chapters!New year and new January, ask for monthly tickets, recommended tickets, collections!
　　
　
(End of this chapter)