Lawyer's character

"Well, actually we rarely work overtime, mainly on business trips, but they are basically short-term business trips. We go to different places for court meetings, and usually come back within three days at most. Sometimes we go back on the same day, which is more troublesome." Fang Yi smiled.

He felt that although the female trainee lawyer in front of him was a bit older, she was not a novice. She had some work experience and felt that her emotional intelligence was not low. She could try to train her.

"It doesn't matter, I'm not afraid of trouble. We used to work overtime in the procuratorate, and we are used to it." Sui Xia said with a smile.

"Okay, you're welcome to join my team. I'll ask Yun Qiao to arrange a workstation for you later and go through the entry procedures. She will give you the rules and salary system of the team. We will officially start working tomorrow, okay?" Fang Yi stood up and stretched out his right hand, smiling.

"Thank you, thank you Lawyer Fang." Sui Xia stood up with excitement on her face. Her lawyer career started from this moment.

Although it had been many years since she had entered the workplace, Sui Xia did not feel any discomfort. Perhaps it was because Yun Qiao had more contact with her and the two of them had a good rapport. The day after she joined the job, she and Yun Qiao secretly became friends. They are commensurate and have a good relationship.

During lunch, Sui Xia was inseparable from Yun Qiao and Zhou Ying. Those who didn't know better thought they were old colleagues. In addition, although Sui Xia does not have social anxiety, she is very approachable and has become familiar with the lawyers and trainee lawyers in the team in just one week.

When discussing the case within the team, Sui Xia behaved more like a lawyer with certain practical experience and not at all like a trainee lawyer. Of course, this is inseparable from her work in the procuratorate and also proves her professional ability.

Yun Qiao was glad in her heart, thanks to her master not assigning Sui Xia to herself and Zhou Ying, otherwise it would have been so embarrassing for the two of them to face Sui Xia, who was like a big sister!

On this day, Sui Xia entered the office to deliver case files to Fang Yi. Fang Yi suddenly remembered the New Year's Day benefit distribution to team members: "Sui Xia, is Yun Qiao outside? Let her come in."

"Lawyer Yun is not here. The trial of Zhou Kaidong's dangerous driving case is scheduled to begin this afternoon. She drove to a neighboring city for the court session," Sui Xia replied.

"Oh, I remembered, she mentioned it to me yesterday. I'm fine, you go and do your work." After Fang Yi finished speaking, he went to Wan Kefa's office.

At this time, in the trial court of Linshi Intermediate Court, Yun Qiao was in session, and Zhou Kaidong was sitting in the defendant's seat feeling uneasy, hoping that the second instance court would change the sentence.

The case for drunk driving, that is, the crime of dangerous driving, is very simple. Since drunk driving was brought to the penalty, the courts have tried many such cases every year. The judges do not think that such cases are difficult. Even the members of the collegial panel today are all temporary recruits. '.

The trial process was pretty much what Yun Qiao expected. The defendant Zhou Kaidong accepted all the facts of the case and only had objections to the sentencing. Therefore, the focus of the dispute between the prosecution and the defense focused on sentencing.

"The court investigation is over and the court debate is now underway. Before the debate, the court draws the attention of both the prosecution and the defense that the debate should mainly focus on determining guilt, sentencing and other controversial issues.

Let the appellant speak first. "said the presiding judge.

There are still many cases in the hands of the presiding judge that have not yet been tried. He felt that such a simple case did not require much effort and just went through the procedures, so he did not even look at the case files before the trial. However, after the fact investigation was completed, he suddenly felt that this case was a little more complicated. It's a little different, not like a normal drunk driving case.

“I have no objection to the criminal facts and charges charged by the prosecutor’s office, but I drank alcohol the night before the crime and drove home the next morning.

Because there was too much fog on the road, I parked the car in the outermost lane for fear of causing a traffic accident. I didn't realize that I was driving drunk. I sincerely ask the court to give a lighter punishment..." Zhou Kaidong's attitude was very sincere.

"The defender of the appellant Zhou Kaidong will speak next." The presiding judge frowned and glanced at Yun Qiao.

"Presiding judge, judge: The defender has no objection to the criminal facts and charges charged by the prosecutor. However, the defendant Zhou Kaidong drove for about five hours after drinking. He parked his car on a bus in the fog and could not see the road clearly. in the lane, reflecting their subjective will to prevent traffic accidents.

Objectively speaking, the car driven by the defendant was stopped when the rear-end collision occurred, and the incident occurred early in the morning when there were few pedestrians and vehicles on the road. The accident caused no major economic losses or serious personal injuries to either party, and the social harm was relatively small.

After the incident, Zhou Kaidong was able to truthfully confess the crime, had a good attitude towards pleading guilty, and actively compensated the other party responsible for the economic losses and obtained forgiveness.

Moreover, the defendant was a first-time offender or an occasional offender. He had never received administrative or criminal punishment for drunk driving, and the crime was relatively minor.

Based on the above circumstances, the defender recommended that the defendant Zhou Kaidong be given a lighter punishment and be commuted to a suspended sentence. complete. Yun Qiao expressed his defense opinion.

"The prosecutor will now speak." The presiding judge continued to advance the procedure.

"Presiding judge, we believe that... the defendant Zhou Kaidong drove a motor vehicle while drunk on the road. The motor vehicle he drove was involved in a traffic accident with other motor vehicles, and he was equally responsible for the accident. His behavior constituted the crime of dangerous driving.

The first-instance judgment found the facts clearly, the evidence was sufficient, and the law was correctly applied. The collegial panel is requested to reject the appellant’s appeal and uphold the original judgment. complete. "The prosecutor believed that the punishment of one month's detention was appropriate for the defendant, and the sentence imposed by the first instance court was not harsh.

"The prosecutor can respond to the defender's defense opinions," the presiding judge said.

“Okay, regarding the defender’s defense, we mainly make the following points:

Although the crime of dangerous driving is the only misdemeanor in the criminal law with the main penalty of criminal detention, it does not mean that the misdemeanor is of course a "minor crime". Whether it is a minor crime needs to be determined according to the circumstances of the crime in the specific case. Consider.

In this case, the defendant Zhou Kaidong drove a motor vehicle drunk on the road. He decided to stop driving due to heavy fog, but did not stop in a safe area. Instead, he parked the vehicle in the bus lane, causing a rear-end collision on the outgoing bus. He is equally responsible for the accident, so it does not fall into the category of 'less serious crime'.

We believe that the application of suspended sentences should focus on reflecting the severe punishment aspect of the criminal policy of combining leniency with severity. Otherwise, the public will have the misunderstanding that the crackdown is ineffective, and even believe that the punishment for drunk driving is not as severe as administrative detention before being sentenced.

In addition, the defendant Zhou Kaidong was not drunk to a high degree, truthfully confessed the crime after arriving at the case, actively compensated and obtained forgiveness, etc. The first-instance court had already considered it when determining the actual sentence, and the sentence had been lenient. Suspended sentences should no longer apply. complete. ” the prosecutor responded.

Three chapters today!