Lawyer

Chapter 182 Sense of Achievement

Mr. Ouyang was afraid that his son would be arrested by the police after he was discharged from the hospital, so he asked his relationship to arrange for his son to continue rehabilitation training in the People's Hospital.

Fang Yi met him at the hospital a few days ago, and he held another court session to formulate a defense plan. Although Ouyang Jie did not want to admit to the crime of dangerous driving, the facts speak louder than words. This time, even lawyer Fang suggested that he plead guilty, and finally Ouyang Jie compromised. .

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

"No need to ask." Inspector Gao said.

"Does the defendant's defender need to ask the defendant questions?" The fat judge looked at Fang Yi and asked.

"No need." Fang Yi said.

……

"Prosecutor, has there been any change in the evidence previously submitted?" the fat judge asked.

"No change." Inspector Gao said.

"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.

This time it was just a procedure. The evidence submitted by the public prosecutor had already been confirmed in the last court session, and the judge was just confirming it again.

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

"There is no evidence." Fang Yi said.

"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.

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

According to the "Opinions on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Drunk Driving Motor Vehicles" issued by the Supreme Court, the Supreme Procuratorate, and the Ministry of Public Security (this document was issued in December [-], borrowed here in advance) the second According to the provisions of item [-] of Article [-], a drunk driving behavior that causes a traffic accident and bears all or the main responsibility for the accident shall be severely punished.

Ouyang Jie was drunk driving a two-wheeled motorcycle, carrying others and causing a traffic accident, causing serious injuries to himself and minor injuries to others. The principle of heavier punishment should be applied.

The debate is over. " Inspector Gao said.

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

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

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

"Dear presiding judge and judges of the collegial panel, I have been entrusted by Ouyang Jie, the defendant in this case, to act as his defender. Now my defense opinions are as follows:
We believe that although Ouyang Jie caused a traffic accident by driving a motorcycle without a license and drunk, but in view of the fact that Ouyang Jie had just come of age and was seriously injured because of his drunken driving behavior, he had already placed a heavy burden on his family. Severe punishment violates the spirit of humanity and humility in punishment.

In addition, Ouyang Jie's blood alcohol content was 104.5mg/100ml, which was only slightly higher than the standard 80mg/100ml for drunk driving. His blood alcohol content was relatively low, and the circumstances were minor.The defendant, Ouyang Jie, confessed his crime truthfully after arriving at the case, and the defender suggested that he should be exempted from criminal punishment.Ask the court to accept the defense's opinion.

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

"Do both sides have any additional debate opinions?" The 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, Ouyang Jie, is now up to you to make a final statement to the court." The fat judge said coldly.

"I plead guilty, please give me another chance from the court, I will change my past, study the traffic law seriously, and never drive without a driver's license..." Ouyang Jie rambled on for ten minutes, and then those few words were repeated over and over again. The fat judge ruthlessly interrupted his speech.

……

"After a public hearing, the court conducted court investigations and court debates, 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, and the court hearing is over.

Now the court is adjourned for 10 minutes, and the sentence will be pronounced in court later, and the defendant will be taken out of the court. After the fat judge finished speaking, he struck the gavel.

Mr. Ouyang, who was sitting below, cast a questioning look at Fang Yi, and Fang Yi nodded slightly, motioning him to wait.

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

In view of the fact that Ouyang Jie can truthfully confess his crime after arriving at the case, and his blood alcohol content is low, the circumstances are minor, and he can be exempted from criminal punishment.

In accordance with the first paragraph of Article 133-67, the third paragraph of Article 37, and Article [-] of the Criminal Law, this court judged that Ouyang Jie constituted the crime of dangerous driving and should be exempted from criminal punishment.The court will deliver the judgment within five days. "

After hearing the word "exemption", Fang Yi's hanging heart can finally let go. This is already the best result he had expected before.

If Fang Yi was not the defender in this case, from the point of view of a legal practitioner, he felt that it would be more appropriate for the court to impose a suspended sentence in this case.But he is a lawyer and a defender at the same time. He can only work hard in the direction of maximizing the interests of the client, because this is his duty.

After the verdict was pronounced, President Ouyang asked the nurse to push Ouyang Jie out of the court in a wheelchair, then he came over and held Fang Yi's hand tightly, his eyes were full of gratitude, and finally he said "Thank you!"

Fang Yi smiled and nodded: "Let's go back first! Ouyang Jie will resume training in the afternoon."

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

At noon, Zhou Deguang was eating, when the text message sounded on his mobile phone, it was from 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 sliced ​​noodles with more spicy peppers at a roadside noodle restaurant next to the long-distance station.The weather is very hot, the air conditioner is on in the noodle restaurant, and the room is full of diners. The smell of sliced ​​noodles wafts in the air, which smells very tempting.

While he was eating noodles baldly, the phone rang, and it was Sister Lan.

(End of this chapter)