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

The evidence for the above facts is as follows:

1. One Antelope brand electric vehicle;

2. The defendant's confession;

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

The above-mentioned evidence collection procedures are lawful, and the content is objective and truthful. The defendant has no objections to the facts and evidence of the alleged crime, and voluntarily admits guilt and accepts punishment.

This court holds that defendant Sun Lianpeng's conduct has violated the provisions of Article 133 of the Criminal Law of the People's Republic of China, the facts of the crime are clear, the evidence is credible and sufficient, and he should be investigated for criminal responsibility for the crime of dangerous driving.

In view of the fact that the defendant truthfully confessed his crime after being brought into the case and had a good attitude in admitting guilt, it is recommended that the defendant Sun Lianpeng be given a lighter punishment and sentenced to two months' detention and a fine of 3,000 yuan.

In accordance with the provisions of article 176 of the Criminal Procedure Law of the People's Republic of China, a public prosecution is initiated, and a sentence is requested in accordance with law. ”

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

"I heard it clearly, I have no objections." Sun Lianpeng has a very good attitude.

This is also the strategy he discussed with Fang Yi before, Sun Lianpeng pleaded guilty, and Fang Yi pleaded not guilty. Even if the court does convict the defendant, it will take into account Sun's guilty plea and give a light sentence.

"Whether the prosecutor needs to interrogate the defendant about the facts of the crime alleged in the indictment." The female judge continued.

"No need to ask." Inspector Song said.

This kind of case is simple, and the procuratorate does not know how many cases it has to handle every year, and when it comes to the court, it is just a procedure, so what is there to ask.

"Does the defendant's advocate need to ask questions of the defendant?" The female judge looked at Fang Yidao.

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

"I bought an electric bike in the store for more than 2,000 yuan." Sun Lianpeng said.

"When you bought a car, did someone tell you that an e-bike is a motor vehicle?" Fang Yi asked.

"Nope." Sun Lianpeng said.

"Have you ever been approached by a relevant department and asked to manage electric bicycles according to the standards of motor vehicles?" Fang Yi continued to ask.

"Nope." Sun Lianpeng said.

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

"Now I ask the prosecutor to present evidence." The judge said.

"The first piece of evidence, a photo of an Antelope electric car, which is currently stored in the public security organ, proves that the defendant was riding this car at the entrance of the village;

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

The third piece of evidence, the on-site alcohol test report, and the appraisal report, proved that the defendant was in a drunken state at the time, and the electric bicycle he was riding was an over-standard electric bicycle. Inspector Song read out the evidence one by one.

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

"No objections." Sun Lianpeng said.

"What do the defendants' defenders have to say about the evidence?" The judge asked.

"No comment." 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 e-bike is a motor vehicle. If it is not a motor vehicle, naturally Sun Lianpeng cannot constitute the crime of dangerous driving, otherwise it constitutes a crime.

"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. The prosecutor and the defender are invited to debate the facts in dispute and how to apply the law.

The Public Prosecutor is invited to make a statement. The judge said.

"In our view, the defendant committed the offence of dangerous driving for the following reasons:

First, the defendant's electric bicycle is an over-standard electric bicycle, and the electric bicycle that does not meet the national standard should not be a non-motorized vehicle.

Paragraphs 3 and 4 of Article 119 of the Road Traffic Safety Law of the People's Republic of China stipulate: "Motor vehicle refers to a wheeled vehicle that is driven or pulled by a power unit and driven on the road for personnel or for transporting goods and carrying out special engineering operations.

'Non-motorized vehicles' refer to vehicles that are driven by human or animal power and run on the road, as well as motorized wheelchairs for the disabled, electric bicycles and other vehicles that are driven by power units but are designed to meet the relevant national standards in terms of maximum speed, empty mass and dimensions.

According to the provisions of the Road Traffic Safety Law, the electric bicycle ridden by the defendant is an over-standard electric vehicle, and the over-standard electric bicycle is not within the scope of non-motor vehicles and should be a motor vehicle.

Second, from a technical point of view, the over-standard electric bicycle is in line with the technical conditions of the motorcycle and should belong to the motor vehicle.

According to the "Technical Conditions for the Safety of Motor Vehicle Operation" (mandatory national standard GB7258-2012) implemented on September 1, 2012, motorcycles are defined as road vehicles driven by power units and with two or three wheels, and four types of vehicles such as electric drive, maximum design speed is not more than 20.km/h, human-powered riding function, and vehicle curb weight, overall dimensions, motor rated power and other indicators meet the requirements of the national standard are excluded.

Among them, the maximum design speed is not more than 50 km/h belongs to the moped, and the maximum design speed is greater than 50 km/h belongs to the ordinary motorcycle.

According to the above provisions, the defendant's over-standard electric bicycle had reached the technical conditions of a moped and was therefore 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 km/h and a vehicle mass of more than 40 kg, which had reached the technical standards of a moped and should be a motor vehicle.

Complete. Inspector Song said.

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

"I plead guilty." Sun Lianpeng said with a sincere face, at this time, he just wanted to go home early and didn't want to stay in the detention center anymore.

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

Fang Yi pondered for a moment and said, "Distinguished presiding judge and judges of the collegial panel, I am entrusted by the defendant in this case, Sun Lianpeng, to serve as his defender. The defense opinions are as follows:

1. Electric bicycles should not belong to motor vehicles, and the concept of "motor vehicle" should not be arbitrarily expanded.

As for whether an over-standard electric bicycle is a motor vehicle, the relevant administrative regulations do not make clear provisions. ”

(End of chapter)