Lawyer's character

"Do you know what is going on in the community where Brother Yu parked his car?" Fang Yi explained.

"The community next to where they eat is an old community, and I have parked my car there. I have the impression that there is a pole at the entrance of the community, which is lifted for a long time and no one cares about it. Anyone can enter, and there is no charge. Otherwise, you will not be charged. I won't park the car anywhere.

It should belong to the open management you just mentioned. Land in the city is expensive, and the parking spaces in front of the hotel are limited, so many people who go to eat park their cars in the community next door. "Sister Lan recalled.

"If this is the case, I'm afraid Brother Yu's drunk driving... There have been similar cases in the province before. Of course, whether Brother Yu constitutes drunk driving and the sentencing depends on the court's determination." Fang Yi said.

"Brother, to be honest, if this were in the county, no one would arrest him based on Lao Yu's reputation. My sister has asked people to inquire about it. Now the whole country is investigating drunk driving, and the matter happened in the city. Lao Yu was on the receiving end of a gun, since you said so...

Forget it, I will trust you, and I will leave this matter to you. Whether or not you are sentenced will have little impact on your brother Yu, but I hope he can go home for the Spring Festival. You tell me the lawyer's fee, and I'll call you. "Sister Lan said.

Go home for the Spring Festival! This is not a low requirement. There are still more than three months until the Chinese New Year. In addition to the previous detention time... Sister Lan is making a request for sentencing! Fang Yi felt bitter, this case was difficult to handle.

"Sister Lan, I will do my best. But if Brother Yu can go home for the Spring Festival... I can only try." Fang Yi said.

"Okay, as long as you say this. Yesterday I went to the county to find Zhang Tiezui, and he gave me a divination." Sister Lan said mysteriously.

"How do you say it?" Fang Yi asked curiously.

"He said that blessings are caused by misfortunes, and misfortunes are caused by blessings!" Sister Lan said.

After hearing this, Fang Yi's nose almost became angry. This is not nonsense, he doesn't need to think about it!

In Yu Mantang's drunk driving case, Fang Yi charged 5,000 yuan in legal fees. First, because the case was simple and there was not much room for lawyers to perform. In addition, Sister Lan's line must continue to be maintained and cannot be broken.

Early the next morning, after Fang Yi and Sister Lan signed the authorization formalities, they made an appointment to meet at the detention center.

The next day in the detention center meeting room, Yu Mantang sat across from Fang Yi with a grimace on his face.

"Brother, that's what happened. I paid what I deserved. I really didn't pay attention at the time. Otherwise, the broken cigarette lighter wouldn't have hit the other person's car. Don't look at me drinking. , and drive more safely than those drivers who have been driving for four or five years..." At this time, Yu Mantang was still obsessed with the cigarette lighter, and did not think there was anything wrong with drinking and driving.

"Okay, Brother Yu, I understand. Sister Lan is very worried about you. You are driving drunk, so you can't always mention the cigarette lighter. You understand what I mean!" Fang Yi reminded.

Yu Mantang then nodded: "Brother, this is a conversation between us, and I said so. People from the police and the procuratorate asked me, but I didn't say that. Don't worry! I will definitely change my past, reflect deeply, and strive for leniency. Deal with it and get out as soon as possible."

Fang Yi was startled by Yu Mantang's words. It didn't sound like he was coming in for the first time!

"Do you need anything else? I'll tell Sister Lan for you." Fang Yi said.

"Tell that old woman to charge me some more money. I've been here for more than half a month, and she has already charged me five hundred yuan. I don't even have money to buy toilet paper now. In the morning It's all borrowed from others. Ask her to be generous and give me five thousand at a time." Yu Mantang said dissatisfied.

"Okay, I'll ask Sister Lan to top up the money for you when I get out. But you really don't need to charge that much. Maybe you will go out after a while and you won't be able to get the remaining money back." Fang Yi said.

"Okay, let her figure it out." Yu Mantang thought about what Fang Yi said and stopped insisting.

After leaving the detention center, Fang Yi called and told Sister Lan about the meeting. Sister Lan directly transferred one thousand to him and asked Fang Yi to help charge Yu Mantang's card.

Perhaps because the case was relatively simple, Yu Mantang's case was heard not long after Fang Yi went to the court to transfer the case. The case was heard by a curly-haired male judge alone.

...(The case is relatively simple, and the previous procedures are omitted to avoid being considered to be adulterated)

“The facts of this case have been clearly investigated, the court investigation has ended, and now the court debate has begun. The court debate mainly revolves around the disputed facts that have not been certified by the court and the issue of how the law should be applied based on the facts.

Let me first give the floor to the prosecutor. "The male judge said.

“…This court believes that defendant Yu Mantang’s behavior has violated the provisions of Article 133-1 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 prosecuted for the crime of dangerous driving. responsibility.

In view of the sentencing circumstances such as the defendant Yu Mantang’s truthful confession, guilty plea and punishment, active compensation for the victim’s vehicle loss, and no criminal record, it is recommended that the defendant Yu Mantang be sentenced to four months’ detention. Finished speaking. "The prosecutor read out the indictment.

For prosecutors, dangerous driving cases like Yu Mantang's are held in countless trials every year. It's very simple. They just go through the procedures and wait for the verdict.

Fang Yi went to the procuratorate to communicate with the prosecutor before. The prosecutor in charge of the case said that he would definitely consider the lawyer's opinion. When the court opened today, the prosecutor recommended that Yu Mantang be sentenced to four months' detention. This made Fang Yi scratch his head, four months! The Spring Festival is over.

"The defendant defends himself," the male judge said.

"I shouldn't drive a motor vehicle drunk in the community. I really didn't want to hit the road. I just drove the car to the gate and handed it over to the driver. I ask the judge to treat it lightly." Yu Mantang said.

His expression was very calm, and there was no sign of panic. Perhaps four months was acceptable to him, but of course the shorter the sentence, the better.

"The defender will give his defense opinion next," the judge said.

“The defender believes that although the defendant was guilty of dangerous driving in Mantang, he was given a lighter punishment for the following reasons:

1. The defendant Yu Mantang only moved the vehicle on the road in the community, and his subjective motive was to facilitate the driver to find a vehicle and perform the driver's work. This has been confirmed in the evidence provided by the procuratorate. This shows the criminal circumstances of the defendant Yu Mantang. slight.

2. The defendant Yu Mantang usually abides by the law. The Shengfeng Group he runs is a large taxpayer in the city and county. The long sentence imposed is not conducive to the normal operation of his company. After the incident, Yu Mantang actively cooperated with the traffic police investigation He also took the initiative to compensate for the damage to the scratched vehicle, showing remorse.

In summary, the defender believes that although the defendant Yu Mantang is guilty of dangerous driving, the circumstances of the crime are minor and the attitude of pleading guilty is good, so he can be given a lighter punishment in accordance with the law. It is recommended that the defendant Yu Mantang be sentenced to two months of detention. "Fang Yi said.

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