Lawyer's character

In the next few days, Fang Yi was very busy going to the detention center for meetings and going to the court to check the case files. Seeing that he could not suppress him, Director Sun had no choice but to take it one step at a time. As long as his lawyer's certificate was in the firm and it would not delay the firm's business, it would be fine. After all, 40% of Fang Yi's legal fees for his case were retained in the firm. The more he earns, the more he keeps.

Regarding the 40% retention, Director Sun thought about how to give Fang Yi some convenience. He felt that managing lawyers like Fang Yi was the same as managing the Yellow River. It is better to sparse rather than block, and to retain people. But you can't force people to go uphill.

More than half a month later, Mr. Qian's case of dangerous driving was opened. However, the court of Qian Linlin's husband Cao Yueshan's contract fraud case (second instance) never notified the court of the opening time.

At nine o'clock in the morning, Fang Yi came to the Sixth Tribunal of the County Court. The male judge who heard Mr. Qian's case was a fat man with a big face and awkward eyes. The fat judge's robe was worn on his body just right to block his fat body.

The prosecutor sitting in the prosecutor's seat is Fang Yi's old acquaintance, Prosecutor Song. He is still the same, with a stubborn look on his face.

After the previous procedures were completed, the middle-aged female judge knocked the gavel, and the defendant Sun Lianpeng was escorted into the court. Mr. Qian, who was sitting in the dock, was not in good spirits. He glanced at Fang Yi, lowered his head and remained silent, waiting for the trial.

...The fat judge looked at the prosecutor: "We are now conducting court investigation and ask the prosecutor to read out the indictment."

Prosecutor Song picked up the indictment: "The defendant Qian Lianyuan, male, resident ID number...

The case was investigated by the County Public Security Bureau and the defendant Qian Lianyuan was suspected of dangerous driving and was transferred to this court for review and prosecution on March 30, 2013. After accepting the case, the court informed the defendant on the next day of his right to entrust a defender and the possible legal consequences of pleading guilty and accepting punishment. He interrogated the defendant in accordance with the law and reviewed all case materials.

After legal review, it was found that:

At about 9:00 on February 25, 2013, the defendant Qian Lianyuan drove an unnumbered "Thor" brand four-wheel electric vehicle with a B2 driver's license after drinking alcohol. He traveled 38km+12m on the way to Qingshui River for fishing. During the road section, the heavy-duty semi-trailer tractor driven by Wei Tian, ​​who was traveling in the same direction along the road section, collided, causing the defendant Qian Lianyuan to be injured and the two vehicles to be damaged to varying degrees in a road traffic accident.

Later, the Traffic Police Brigade of the County Public Security Bureau determined that the defendant Qian Lianyuan bore secondary responsibility for the accident. On March 8, 2013, the Tianyuan Judicial Appraisal Institute determined that the unnumbered "Thor" brand four-wheel electric vehicle driven by the defendant was a pure electric vehicle and was a motor vehicle; the ethanol content in the defendant's blood was 189mg/100ml .

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. Vehicle and alcohol content identification report;

2. The defendant’s confession;

3. On-site transcripts produced by the traffic police.

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 Qian Lianyuan’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 Qian Lianyuan be given a lighter punishment and be sentenced to three months' detention and fined RMB 5,000.

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. complete. "

"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 fat judge looked at Qian Lianyuan.

"Listen clearly, I have objections. I think what I drove was not a motor vehicle at all, and I did not commit a crime." Qian Lianyuan said firmly.

As soon as Mr. Qian spoke, Inspector Song suddenly raised his head and looked at him: What are you doing! Didn't you say you plead guilty and accept punishment during the previous interrogation? Why did you suddenly change your story? Don’t talk about martial ethics!

Qian Lianyuan did not plead guilty in court, which surprised Fang Yi. When he went to see Qian Lianyuan before, Mr. Qian had a good attitude of pleading guilty. Maybe it was because Mr. Qian suddenly came to his senses after hearing Fang Yi’s defense plan during the meeting, or maybe Mr. Qian was afraid of the upper body such as pepper water and tiger stools, so a good man would not suffer the immediate consequences. What exactly happened? Only he knows it.

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

"No need to ask." Inspector Song felt this hatred in his heart. If he had known that Qi had not pleaded guilty, he should have changed the recommended sentence to six months.

"Does the defendant's defender need to ask questions to the defendant?" the fat judge looked at Fang Yidao.

"Need." Fang Yi looked at Qian Lianyuan: "Defendant, what kind of car were you driving when you were investigated on the day of the incident?"

"I spent more than 20,000 yuan on a four-wheeled electric car in the store." Qian Lianyuan spoke with confidence. He didn't know whether he was risking his life or feeling justified.

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

"No. The streets are full of unbranded four-wheel electric scooters. We call them scooters and don't use them as motor vehicles," Qian Lianyuan said.

"Has the transportation department approached you and asked you to manage electric vehicles according to motor vehicle standards and obtain license plates?" Fang Yi continued to ask.

"No. No one has ever approached me. The person selling the car didn't even ask for a license plate," Qian Lianyuan said.

"What do you do?" Fang Yi asked.

"Before retirement, I was a truck driver in the company." Qian Lianyuan said.

"As an experienced driver, do you think four-wheel electric vehicles are motor vehicles?" Fang Yi asked.

"How can this be considered a motor vehicle? I have been driving all my life and I still know very well what a motor vehicle is. The four-wheeled electric vehicle I bought is just a big toy at best and cannot be considered a motor vehicle. It can only be used for short-distance travel and running. It's not far, it can't run fast, it's not a motor vehicle." Qian Lianyuan said loudly.

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

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

“The first piece of evidence, the appraisal report, proves that the vehicle driven by the defendant was a motor vehicle and that the defendant was driving drunk at the time of the incident;

The second piece of evidence, the defendant's confession, proved that the defendant drank a lot of liquor that morning and was drinking before driving the vehicle;

The third piece of evidence, the on-site transcript produced by the traffic police, proves that the defendant was driving drunk on the road at the time of the incident.

complete! "Prosecutor Song said.