Lawyer's character

Prosecutor Song cleared his throat and continued: "After identification, the defendant's blood alcohol content was 180.08 mg/100 ml. The defendant drove a motor vehicle drunk on the road, and his behavior constituted the crime of dangerous driving.

The evidence to establish the above facts is as follows:

1. One Antelope electric vehicle;

2. The defendant’s confession;

3. On-site alcohol test report and identification report.

The above evidence collection procedures are 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 defendant Sun Lianpeng’s behavior has violated the provisions of Article 133 of the Criminal Law of the People’s Republic of China. The criminal facts are clear and the evidence is reliable and sufficient. He should be held criminally responsible for the crime of dangerous driving.

In view of the fact that the defendant truthfully confessed his crime after being brought to justice and had a good attitude of pleading guilty, it is recommended that the defendant Sun Lianpeng be given a lighter punishment and be sentenced to two months' detention and a fine of RMB 3,000.

According to the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, if a public prosecution is instituted, please be sentenced in accordance with the law. "

"Defendant, did you hear clearly the indictment just read out by the prosecutor? Do you have any objection to the criminal facts and charges charged against you in the indictment?" The female judge looked at Sun Lianpeng.

"Listen clearly, I have no objection." Sun Lianpeng had a very good attitude.

This was also the strategy he had discussed with Fang Yi before, with Sun Lianpeng pleading guilty and Fang Yi pleading not guilty. Even if the court does find the defendant guilty, it will consider Sun's guilty plea and give him a lighter sentence.

"Does the prosecutor need to question the defendant about the criminal facts alleged in the indictment?" the female judge continued.

"No need to ask," Inspector Song said.

This kind of case is simple. The procuratorate does not know how many cases it handles every year. When it comes to the court, it is just a matter of going through the procedures. Do you have any questions?

"Does the defendant's defender need to ask questions to the defendant?" the female judge looked at Fang Yi and said.

"Need." Fang Yi looked at Sun Lianpeng: "Defendant, what kind of car were you riding when you were investigated on the day of the incident?"

"I spent more than 2,000 yuan to buy the electric bicycle in the store." Sun Lianpeng said.

"When you bought a car, did anyone tell you that an electric bicycle was a motor vehicle?" Fang Yi asked.

"No." Sun Lianpeng said.

"Have any relevant departments approached you and asked you to manage electric bicycles according to the standards of motor vehicles?" Fang Yi continued to ask.

"No." Sun Lianpeng said.

Fang Yi stopped asking questions and looked at the judge: "I'm done asking."

"Now let's ask the prosecutor to present evidence." the judge said.

“The first piece of evidence is a photo of an Antelope electric vehicle, which is currently stored in the public security bureau, proving that the defendant was riding this vehicle and was investigated at the entrance of the village;

The second piece of evidence, the defendant's confession, proved that the defendant drank a large amount of liquor before being investigated and confessed to the crime;

The third piece of evidence, the on-site alcohol test report and the identification report, proved that the defendant was drunk at the time and the electric bicycle he was riding was an over-standard electric bicycle. "Prosecutor Song read out the evidence one by one.

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

"No objection." Sun Lianpeng said.

"What does the defendant's defender have to say about the evidence?" the judge asked.

"No objection." Fang Yi said.

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

"There is no evidence." Fang Yi said.

The key point in this case is not the evidence, but whether the electric bicycle is a motor vehicle. If it was not a motor vehicle, Sun Lianpeng would not be guilty of dangerous driving; otherwise, it would be a crime.

"The facts of this case have been clearly investigated, the court investigation is over, and now the court debate begins. The public prosecutor and defender are invited to debate around the disputed facts and how to apply the law.

The prosecutor is invited to express his arguments. "The judge said.

“We believe that the defendant committed the crime of dangerous driving for the following reasons:

First, the defendant’s electric bicycle is an over-standard electric bicycle, and electric bicycles that do not meet national standards should not be classified as non-motorized vehicles.

Items 3 and 4 of Article 119 of the "Road Traffic Safety Law of the People's Republic of China" stipulates: "Motor vehicles refer to vehicles driven or towed by power devices and driven on roads for the passenger use or transportation of persons. items and wheeled vehicles for carrying out engineering-specific operations.

'Non-motorized vehicles' refers to vehicles driven by human or animal power that travel on the road, as well as motorized wheelchairs and electric bicycles for disabled people that are driven by power devices but have a designed maximum speed, empty vehicle quality, and external dimensions that comply with relevant national standards. Transportation.

According to the provisions of the Road Traffic Safety Law, the electric bicycle the defendant rode was an electric vehicle exceeding the standard. The electric bicycle exceeding the standard is not within the scope of non-motor vehicles and should be classified as a motor vehicle.

Second, from a technical point of view, over-standard electric bicycles meet the technical conditions of motorcycles and should be classified as motor vehicles.

According to the "Technical Conditions for Motor Vehicle Operation Safety" (Mandatory National Standard GB7258-2012), which was implemented on September 1, 2012, a motorcycle is defined as a road vehicle driven by a power unit and having two or three wheels. Four categories of vehicles, including two-wheeled vehicles that are electrically driven, have a maximum design speed of no more than 20 km/h, have a human-powered riding function, and whose overall vehicle quality, outer dimensions, motor rated power and other indicators comply with national standards, are excluded. outer.

Among them, those with a maximum design speed of no more than 50 km/h are light motorcycles, and those with a maximum design speed of more than 50 km/h are ordinary motorcycles.

According to the above provisions, the defendant's over-standard electric bicycle has reached the technical conditions of a moped, so it is a motor vehicle.

To sum up, in this case, the electric bicycle driven by the defendant while drunk was designed to have a maximum speed of more than 20 kilometers per hour and a mass of more than 40 kilograms. It has reached the technical standards of a moped and should be classified as a motor vehicle. Therefore, the defendant was driving under the influence of alcohol. In such a state, the act of driving an electric bicycle constitutes the crime of dangerous driving.

complete. "Prosecutor Song said.

"The defendant expressed his defense opinion." The female judge looked at Sun Lianpeng.

"I plead guilty." Sun Lianpeng said sincerely. At this time, he just wanted to go home early and did not want to stay in the detention center any longer.

"The defender expressed his opinion." After the female judge finished speaking, she looked at Fang Yi.

Fang Yi thought for a while and said: "Dear presiding judge and judges of the collegial bench, I was entrusted by Sun Lianpeng, the defendant in this case, to serve as his defender. My defense opinions are as follows:

1. Electric bicycles should not be classified as motor vehicles, and the concept of ‘motor vehicle’ should not be interpreted in an arbitrarily expanded manner.

Relevant administrative regulations do not clearly stipulate whether over-standard electric bicycles are motor vehicles. "