"Although according to the provisions of the "Technical Conditions for the Safety of Motor Vehicle Operation", the technical standards of some over-standard electric bicycles meet the technical conditions of motorcycles, but the above-mentioned documents do not clearly stipulate that over-standard electric bicycles belong to motor vehicles, but only stipulate that electric bicycles that meet national standards do not belong to motorcycles. In the absence of explicit provisions, we should not expand the interpretation of motor vehicles to classify electric bicycles that exceed the standard as motor vehicles.

Taking 10,000 steps back, even if the "Technical Conditions for the Safety of Motor Vehicle Operation" clearly stipulates that the over-standard electric bicycle belongs to a motor vehicle, the legal nature and legal effect of the document are also questionable.

According to the provisions of the Standardization Law of the People's Republic of China, the "Technical Conditions for Motor Vehicle Operation Safety" is a mandatory national standard, but judging from the formal requirements such as the procedures, architecture, name and content of the formulation and issuance of mandatory national standards, the "Technical Conditions for Motor Vehicle Operation Safety" does not belong to departmental rules or administrative regulations.

Therefore, we believe that the mandatory national standards only have a certain reference value for this case, but they are not binding in the sense of legal norms.

Only when laws, regulations or departmental rules clearly stipulate that an over-standard electric bicycle is a motor vehicle, can the people's court determine that the over-standard electric bicycle is a motor vehicle in the legal sense.

In the absence of relevant provisions, the defendant's conduct should not be found to constitute the crime of dangerous driving solely on the grounds that the Road Traffic Safety Law of the People's Republic of China does not exclude oversized electric bicycles from motor vehicles, and that the oversized electric bicycles meet the technical conditions for motorcycles in the Technical Conditions for Motor Vehicle Operation Safety.

In our view, this determination violates the principle of legality.

2. From the perspective of public cognition, over-standard electric bicycles do not belong to motor vehicles

Before and after purchasing the oversized electric bicycle, the defendant was not informed of the need to manage the oversized electric bicycle in accordance with the standards of motor vehicles. In the defendant's mind, the over-standard electric bicycle is a non-motorized vehicle, and there is no need to test the book at all, which is in fact true.

Since the crime of dangerous driving is an administrative offense, it should have higher requirements for the perpetrator's awareness of the illegality, requiring the perpetrator to realize that the vehicle he is driving is a motor vehicle in the legal sense.

To determine whether the actor recognizes that the over-standard electric bicycle is a motor vehicle in the legal sense, it is necessary to make a comprehensive judgment based on the life experience, awareness level and understanding ability of ordinary people.

As we mentioned before, the state has not made clear provisions on the legal attributes of over-standard electric bicycles, nor has it managed over-standard e-bikes as motor vehicles.

In this case, it is unrealistic to ask the general public to realize that over-standard electric bicycles belong to motor vehicles, and it can even be said to be difficult.

Therefore, pursuing criminal liability for driving an over-standard electric bicycle while intoxicated violates the principle of unified conviction of subjectivity and objectivity.

3. The defendant's admission of guilt is a mistake of understanding

The defendant in this case, Sun Lianpeng, pleaded guilty after arriving at the case, not because he believed that the oversized electric bicycle was a motor vehicle, but because it was based on the erroneous understanding that "drunk driving will be subject to criminal punishment". Therefore, just because the defendant pleaded guilty cannot be found to have constituted the crime of dangerous driving.

In summary, the charges charged by the public prosecution cannot be established, and we believe that the defendant Sun Lianpeng does not constitute the crime of dangerous driving.

The defence opinion has been published. Fang Yi said.

"Is there anything else to be debated on either side?" The female judge frowned and asked.

"Nope." Both sides replied.

"Now that the courtroom debate has ended, 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, and the defendant Sun Lianpeng is now up to you to make a final statement to the court." The female judge said.

"I confess...... apart from confessing, Sun Lianpeng didn't know what to say, his heart kept lifting, and his body was trembling slightly.

……

"After a public hearing, a court investigation and court debate, and hearing the prosecutor's allegations, the defendant's opinions, the defendant's justifications and statements, and the defender's defense opinions, the court trial was concluded.

The court will now be adjourned for 10 minutes, and the verdict will be pronounced at a later date to bring the defendant out of the courtroom. The female judge rang the gavel and exited the courtroom.

During the trial, Fang Yi's mouth was dry, and after the trial was adjourned, he immediately took out mineral water from his briefcase and drank it in a big gulp.

At this moment, the female secretary came over: "Lawyer Fang, you go back and submit a defense opinion to us." ”

"Okay." Fang Yi smiled.

When Fang Yi walked out of the courtroom, Sun Lianpeng's parents, who were listening in the courtroom, followed.

"Thank you, Lawyer Fang. I think your defense is well-founded, and my son will be acquitted. Sun Lianpeng's mother said with confidence.

In fact, she didn't understand much about what Fang Yi said in court, but Fang Yi's energy made her feel very powerful.

Fang Yi's heart trembled for a while, and he said secretly: "Eldest sister, don't be so confident, the outer judge found your son guilty, and I am afraid of scratching me."

"Lawyer Fang, I'll convince you, we don't have any evidence in court, you can talk for a long time, I think the judge is stupid." Sun Lianpeng's father looked at Fang Yi with admiration.

Fang Yi was messy for a while: Good guy, this is to see me perform, don't you care if your son is found guilty or not guilty? The heart is so big! Maybe in this father's mind, drinking and driving is not a problem at all.

Ten minutes passed quickly, and the clerk asked everyone to take their seats. After waiting a little longer, the female judge walked briskly into the courtroom.

All the participants in the trial stood up, and the female judge read out the verdict: "...... Defendant Sun Lianpeng did not constitute the crime of dangerous driving. This court ruled that the defendant Sun Lianpeng was not guilty. The judgment will be served by the court within five days. ”

After the verdict was announced, the bailiff opened Sun Lianpeng's handcuffs in court, and his mother walked over with tears in her eyes and hugged Sun Lianpeng.

His father grinned and said, "I'll just say it's okay, you don't believe it......

Fang Yi let out a sigh of relief, he won't be scratched now, so I don't know if the procuratorate will raise an objection and protest.

After coming out of the court, Fang Yi sent Yunmei a WeChat message and told her the verdict. Sun Lianpeng's family pulled Fang Yi and refused to let him go, and insisted on inviting him to dinner.

Fang Yi looked at the time, it was already more than six o'clock in the evening, and he was really hungry, so he followed him to the most upscale restaurant in the county-Taiyueju.

Along the way, Sun Lianpeng's father's phone calls continued, all of them inquired about the news, and it seemed that the Sun family's popularity was good. When they arrived at Taiyueju, there were already many people sitting in the big private room, and many colleagues from Sun Lianpeng's Yunwu Tea House also came. At this time, Sun Lianpeng had already changed into a new outfit, and everyone celebrated.

Fang Yi looked at Sun Lianpeng's family smiling from ear to ear, and sighed in his heart: It is better to do criminal cases with a sense of accomplishment.

Today's three watches!

(End of chapter)