Lawyer's character

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

"No objection." Qian Lianyuan said.

"What does the defendant's defender have to say about the evidence?" The fat judge looked at Fang Yi.

"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 the same as the Sun Lianpeng case. It is not the evidence, but whether the four-wheel electric vehicle (elderly scooter) is a motor vehicle. If it does not belong to a motor vehicle, it will naturally not constitute the crime of dangerous driving.

"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, according to the third and fourth items of Article 119 of the "Road Traffic Safety Law of the People's Republic of China": "Motor vehicles refer to vehicles driven or towed by power devices and driven on roads for the use of people. Or wheeled vehicles used for transporting items and performing specialized engineering operations.

After identification, the defendant's electric vehicle met the above conditions and was a motor vehicle.

Second, according to the on-site records and identification results of the traffic police department, the defendant was driving a motor vehicle while drunk at the time of the incident.

To sum up, in this case, the defendant’s behavior of driving a four-wheel electric vehicle while drunk constituted the crime of dangerous driving. "Prosecutor Song said.

After Inspector Song finished speaking, he glanced at Fang Yi opposite: This time we asked an appraisal agency to conduct an appraisal. The four-wheel electric vehicle meets the conditions of a motor vehicle and is a motor vehicle. Let me see how you defend it.

"The defendant expressed his defense opinion." The fat judge looked at Qian Lianyuan.

"I don't think driving an electric vehicle (elderly scooter) under the influence of alcohol constitutes the crime of dangerous driving." Qian Lianyuan said.

"The defender expressed his opinion." The fat judge said.

“Dear presiding judge and judges of the collegial panel:

I was entrusted by Qian Lianyuan, the defendant in this case, to serve as his defender. The defense opinion is as follows:

First of all, the crime of dangerous driving is an administrative crime. We believe that the understanding of the concept of "motor vehicle" should be consistent with the corresponding administrative regulations and cannot be expanded at will.

The prosecutor just mentioned that according to the third and fourth items of Article 119 of the "Road Traffic Safety Law of the People's Republic of China": "Motor vehicles refer to vehicles driven or towed by power devices and used for driving on roads. Wheeled vehicles used for passenger transportation or for carrying out special engineering operations.

We believe that to determine whether the perpetrator realizes that the vehicle he or she is driving is a motor vehicle in the legal sense, a comprehensive evaluation should be made based on the average person's life experience, level of awareness, and ability to understand.

At present, the laws and regulations that have not yet been promulgated do not clearly define the legal attributes of electric vehicles, and relevant departments do not manage electric vehicles as motor vehicles. Therefore, the general public cannot be required to realize that electric vehicles are motor vehicles.

Returning to this case, although the unlicensed "Thor" brand four-wheel electric vehicle driven by the defendant was identified as a motor vehicle, it cannot be proved that the defendant recognized that the electric vehicle was a motor vehicle. The country has not issued relevant regulations to clearly stipulate that electric vehicles are In the case of a motor vehicle, we believe that the appraisal agency’s determination that the electric vehicle is a motor vehicle exceeds its scope of authority and should not be accepted by the court.

In addition, after the defendant purchased the "Thor" brand electric vehicle, during use, he was not informed by the traffic management department of the requirements for hanging a license plate, purchasing insurance, holding a motor vehicle driving license and other regulations for driving on the road.

As an experienced driver, the defendant believed that the electric vehicle he purchased was slow and had a short range. It was a big toy at best and was not a motor vehicle at all. This also fully proves that the defendant subjectively did not commit the crime of dangerous driving intentionally.

According to the principle of consistency between subjectivity and objectivity, the defendant was not guilty of dangerous driving. Therefore, the crime charged by the public prosecution agency cannot be established. Please accept the defender's opinion.

The defense opinions have been issued. "Fang Yi said.

Although Fang Yi said this, he didn't think so in his heart, because judging from the traffic accidents of electric bicycles and elderly scooters that have occurred in recent years, once improper operation or drunk driving, the harm caused by electric bicycle accidents is little. No less than a motor vehicle.

But if you use people's money to eliminate disasters, you have to go to whoever eats it. As a lawyer, Fang Yi must fulfill his duties and strive for the best interests of his clients.

"Do both sides have any additional arguments?" the fat judge asked expressionlessly.

"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. It is now up to you, the defendant Qian Lianyuan, to make a final statement to the court." The fat judge said.

"I don't think it constitutes a crime..." Qian Lianyuan's inner quality is really good, and he speaks with confidence and forcefulness.

…

"This court has conducted a public hearing, conducted court investigations and court debates, and listened to the prosecutor's accusations, the defendant's opinions, the defendant's defense, statements, and the defense opinions of the defender. Now the court hearing is over..." The fat judge was not present on the spot. After announcing the verdict, he knocked the gavel and left the court.

Qian Linlin and several relatives and friends listened in. When Fang Yi came over when the trial was over, Qian Linlin immediately greeted him.

"Lawyer Fang, when will the verdict be issued?" Qian Linlin asked.

"We have to wait for notification from the court. The case is relatively simple and the result should be available soon." After Fang Yi finished speaking, he comforted Qian Linlin and left the court.

Seeing that it was already half past one, Fang Yi touched his stomach and walked into a small restaurant on the roadside. Since it was already past dinner time, there were no diners in the restaurant, so he ordered a bowl of stir-fried knives.

While he was eating stir-fried noodles, his cell phone rang. It was Yunmei calling. Yunmei told him the good news that the second-instance judgment of her lawsuit against the execution of the outsider's objection came down. The second-instance court rejected the bank's appeal and upheld the original judgment.

After Fang Yi said congratulations, he hung up the phone and continued to eat stir-fry.

After eating the noodles, Fang Yi wiped his mouth with a paper towel and looked at the empty plate on the table: Two hundred thousand! Now there is only one second-instance case left. If I can win... I will do my best to let fate dictate. I hope everything goes well.

On Sunday, he went to the city to meet with Li Shuming. The trial of Li Shuming's case of buying a car in his name would start at ten o'clock next Monday morning. He wanted to go over and verify the case with Li Shuming again.