Lawyer's character

The male judge sitting on it is very fat. I wonder if he is obese due to working overtime and eating too much takeout, and being exposed to technology and hard work. Fang Yi speculates that this guy weighs 250 or 60 pounds. Ouyang Jie's case was heard by a sole judge, so there was only one judge.

The previous procedures in criminal cases are fixed, and the trial begins from the moment the fat judge knocks the gavel.

…

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

Prosecutor Gao picked up the indictment: "The defendant Ouyang Jie, male, resident ID number...

The investigation of this case was concluded by the District Public Security Bureau. The defendant Ouyang Jie was suspected of causing a traffic accident and was transferred to this court for review and prosecution on June 18, 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 around 10 pm on June 9, 2013, Ouyang Jie drove a Harley-Davidson motorcycle after drinking alcohol and drove Zhu Lin speeding through the city. When arriving at the intersection in front of the train station, Ouyang Jie operated improperly, causing the Harley motorcycle to hit a big tree on the side of the road. Both the defendants Ouyang Jie and Zhu Lin were injured, and the Harley motorcycle was seriously damaged. Later, the defendants Ouyang Jie and Zhu Lin were sent to the People's Hospital for treatment by Yao Erling who arrived.

On the day of the incident, public security officers took blood samples from defendant Ouyang Jie at the hospital. After identification, Ouyang Jie's injuries were serious, Zhu Lin's injuries were minor, and Ouyang Jie's blood alcohol content was 104.5 mg/100 ml.

The evidence to establish the above facts is as follows:

1. A Harley-Davidson motorcycle;

2. The defendant’s confession;

3. Appraisal report;

4. Diagnosis certificate from People’s Hospital.

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 Ouyang Jie’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 traffic accident.

In view of the fact that the defendant truthfully confessed his crime and had a good attitude of pleading guilty, it is recommended that the defendant Ouyang Jie be given a lighter punishment and be sentenced to two years and six months in prison and fined RMB 1,000.

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 Ouyang Jie.

"Listen clearly, I have an objection. I am not guilty of traffic accident." Ouyang Jie's voice was trembling.

When he was in the hospital before, Ouyang Jie discussed the case with Fang Yi, and Fang Yi believed that he did not commit a traffic accident crime at all. For Ouyang Jie, if he did not commit a traffic accident crime, he would not have to go to jail. This was his dream, so he chose to believe Fang Yi.

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

"Need to ask." Prosecutor Gao said: "Defendant Ouyang Jie, did you obtain a motorcycle driving license at the time of the incident?"

"No, not obtained." Ouyang Jie said.

This is an indisputable fact. Even if he does not admit it, the Procuratorate can investigate it, and he believes that the Procuratorate has already transferred his relevant information. He didn't have to lie.

"Interrogation completed." Inspector Gao said.

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

"Need." Fang Yi looked at Sun Lianpeng: "Defendant Ouyang Jie, judging from your identity information, you had just turned eighteen when the incident occurred, right?"

"Yes, it was my birthday a few days before the incident." Ouyang Jie said.

"How much and what kind of alcohol did you drink before driving the motorcycle?" Fang Yi asked.

"I drank less than one bottle of beer. I can't remember the details," Ouyang Jie said.

"At the time of the incident, apart from you being seriously injured, was Zhu Lin who was with you injured?" Fang Yi continued to ask.

"She was also injured. I heard from the doctor that the problem was not serious, just a scratch, not serious. The wound was treated and she went home that day.

I am very sad about her injury. I regret very much now that I should not have driven a motorcycle after drinking. "After Ouyang Jie finished speaking, he raised his right hand to wipe his tears.

Fang Yi didn't know whether he was crying for Zhu Lin or worried about the punishment he was about to face. When Fang Yi went to see Ouyang Jie before, he didn't care so much about Zhu Lin. He only had himself in his heart.

"I'm done asking." Fang Yi said.

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

"The first piece of evidence is a photo of a Harley-Davidson motorcycle and a photo of the accident scene. The motorcycle is currently stored in the public security organ, proving that the defendant was riding this motorcycle when the traffic accident occurred;

The second piece of evidence, the defendant’s confession, proved that the defendant was driving a motorcycle under the influence of alcohol and caused an accident;

The third piece of evidence, the appraisal report, proved that the defendant was drunk at the time. "Inspector Gao read out the evidence one by one.

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

"No objection." Ouyang Jie said.

"What opinions does the defendant's defender have on the evidence?" the fat judge asked.

"No objection." Fang Yi said.

Facts speak louder than words. All the evidence exists in reality and there is no problem. Even if the Da Luo Immortal comes, there is nothing he can do. Fang Yi can only nod to confirm.

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

"There is no evidence." Fang Yi said.

Fang Yi had talked with Mr. Ouyang and Ouyang Jie before. The facts of this case were very simple and they did not have any evidence in their hands.

"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 causing a traffic accident for the following reasons:

According to the "Interpretation of the Supreme Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents", Article 2, Paragraph 2, stipulates: "If a traffic accident causes serious injuries to more than one person, who bears all or major responsibility for the accident, and has one of the following circumstances, Conviction and punishment for traffic accident crimes: (1) Driving a motor vehicle after drinking or taking drugs...'

This article does not explicitly exclude the situation of personal injury. Ouyang Jie’s behavior of driving a motorcycle while drunk endangers the life, body or property safety of an unspecified number of people, causing serious injury to himself and minor injuries to others. Therefore, his behavior constitutes Traffic accident crime. complete. "Inspector Gao said.

There are five new chapters in total today! Five chapters! New Year and New January, please give me monthly votes, recommendation votes, and collections!