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

"No objections." Qian Lianyuan said.

"What do the defendants' defenders have to say about the evidence?" The fat judge looked at Fang Yi.

"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 of this case, like the Sun Lianpeng case, is not in the evidence, but in whether the four-wheeled electric vehicle (old scooter) is a motor vehicle. If it is not a motor vehicle, it naturally does not constitute the crime of dangerous driving.

"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, according to Article 119, Paragraphs 3 and 4 of the Road Traffic Safety Law of the People's Republic of China, "motor vehicles refer to wheeled vehicles that are driven or towed by power units and driven on the road for personnel or for transporting goods and carrying out special engineering operations."

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

Second, according to the on-site records and appraisal results of the traffic police department, the defendant was driving a motor vehicle in a drunken state at the time of the incident.

To sum up, in this case, the defendant's act of driving a four-wheeled electric vehicle while intoxicated constituted the crime of dangerous driving. Inspector Song said.

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

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

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

"The defender gives his opinion." Fat Judge said.

"Honorable Presiding Judge and Judges of the Collegiate Panel,

I was entrusted by Qian Lianyuan, the defendant in this case, to serve as his defender. The arguments of the defence are as follows:

First of all, the crime of dangerous driving is an administrative offense, and we believe that the understanding of the concept of 'motor vehicle' should be consistent with the corresponding administrative regulations, and cannot be arbitrarily expanded and interpreted.

The prosecutor just mentioned that according to Article 119, Paragraphs 3 and 4 of the Road Traffic Safety Law of the People's Republic of China, "motor vehicles refer to wheeled vehicles that are driven or towed by power units and driven on the road for personnel or for transporting goods and carrying out special engineering operations."

We believe that to determine whether the perpetrator recognizes that the vehicle he is driving is a motor vehicle in the legal sense, a comprehensive evaluation should be made based on the life experience, level of knowledge and ability of understanding of ordinary people.

At present, none of the laws and regulations that have yet been promulgated have made clear provisions on the legal attributes of electric vehicles, and the relevant departments have not managed electric vehicles according to motor vehicles, so the general public cannot be required to realize that electric vehicles are motor vehicles.

Returning to this case, although the unlicensed "Thor" brand four-wheeled electric vehicle driven by the defendant was identified as a motor vehicle, it could not prove that the defendant recognized that the electric vehicle was a motor vehicle, and in the absence of relevant national regulations clearly stipulating that the electric vehicle was a motor vehicle, we believe that the appraisal agency's determination that the electric vehicle was a motor vehicle exceeded the scope of its authority and should not be accepted by the court.

In addition, after the defendant purchased the "Thor" brand electric vehicle, in the process of using it, the traffic management department did not inform him of the requirements for the motor vehicle to drive on the road, such as hanging the license plate, purchasing insurance, and holding a motor vehicle driver's license.

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

According to the principle of consistency between subjectivity and objectivity, the defendant did not constitute the crime of dangerous driving. Therefore, the charges charged by the public prosecution cannot be established, and your court is requested to adopt the defender's opinion.

The defence opinion has been published. Fang Yi said.

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

But taking people's money and eliminating disasters with people, whoever eats has to go to whom, as a lawyer, Fang Yi must fulfill his duties and strive for the best interests of his clients.

"Is there anything else to be debated on either side?" The fat judge asked expressionlessly.

"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 Qian Lianyuan is now up to you to make a final statement to the court." Fat Judge said.

"I don't think it constitutes a crime...... Qian Lianyuan's heart quality is really not covered, and when he speaks, he is full of confidence and sonorous power.

……

"After a public hearing, a court investigation and court debate, and hearing the prosecutor's accusations, the defendant's opinions, the defendant's defenses, statements, and the defender's defense opinions, the court trial is now over...... "Judge Fat did not announce the verdict on the spot, and after ringing the gavel, he withdrew from the courtroom.

Qian Linlin and several relatives and friends attended the hearing, and when Fang Yi came over at the end of the trial, Qian Linlin immediately greeted him.

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

"This has to wait for the court to notice, 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 the time was already half past one, Fang Yi touched his stomach and walked into a small restaurant on the side of the road, because it was already past the meal, there were no diners in the restaurant, he asked for a bowl of fried knives.

Just as he was eating fried knives and cutting them baldly, the mobile phone rang, and it was Yunmei calling. Yunmei told him the good news that the second-instance judgment of her outsider's enforcement objection lawsuit had been handed down, and the second-instance court rejected the bank's appeal and upheld the original judgment.

After Fang Yi congratulated him twice, he hung up the phone and continued to bow his head to eat fried knives.

After eating the knife-cut noodles, Fang Yi wiped his mouth with a tissue and looked at the empty plate on the table: 200,000! Now there is only one second-instance case left, if it can be won...... Do your best to obey the destiny of God, and hope that everything will go well.

On Sunday, he went to the city to meet Li Shuming, and at 10 o'clock next Monday morning, the case of Li Shuming borrowing his name to buy a car will be in court, and he will go over to verify the case with Li Shuming again.

(End of chapter)