The male judge sitting on it was very fat, I don't know if he ate too much takeaway overtime, and he was obese by technology and hard work, Fang Yi speculated that this guy had to weigh two hundred and fifty or sixty pounds. Ouyang Jie's case was heard by a single judge, so there was only one judge.

The procedures before the criminal case are fixed, and the trial begins the moment the fat judge rings the gavel.

……

The fat judge glared at a pair of buns and looked at everyone: "Now conduct a court investigation, and ask the prosecutor to read out the indictment." ”

Procurator Gao picked up the indictment: "Defendant Ouyang Jie, male, resident ID number......

The case was investigated by the District Public Security Bureau, and the defendant Ouyang Jie was transferred to this court for review and prosecution on June 18, 2013 on suspicion of the crime of causing a traffic accident. After accepting the case, this court informed the defendant the next day of his right to retain a defender and the legal consequences that might result from admitting guilt and accepting punishment, interrogated the defendant in accordance with law, and reviewed all case materials.

After review in accordance with law, it is ascertained that:

At about 10 p.m. on June 9, 2013, Ouyang Jie was driving a Harley motorcycle and carrying Zhu Lin speeding in the urban area after drinking. When he arrived at the intersection in front of the railway station, Ouyang Jie misoperated, causing the Harley motorcycle to crash into a big tree on the side of the road, and the defendants Ouyang Jie and Zhu Lin were both 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 the demon 20 who rushed in.

On the day of the incident, public security officers took a blood sample from the defendant Ouyang Jie at the hospital. It was determined that Ouyang Jie's injuries were severe, Zhu Lin's injuries were slight, and Ouyang Jie's blood alcohol content was 104.5 mg/100 ml.

The evidence for the above facts is as follows:

1. A Harley motorcycle;

2. The defendant's confession;

3. Appraisal report;

4. Diagnosis certificate from the People's Hospital.

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 finds that defendant Ouyang Jie'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 causing a traffic accident.

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

"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 fat judge looked at Ouyang Jie.

"Hear clearly, I have an objection, I am not guilty of causing a traffic accident." Ouyang Jie's voice trembled.

When he was in the hospital before, Ouyang Jie discussed the case with Fang Yi, and Fang Yi believed that he did not constitute a traffic accident at all. For Ouyang Jie, if it does not constitute a traffic accident, he will not have to go to jail, which is what he dreams of, so he chose to believe Fang Yi.

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

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

"No, no." Ouyang Jie said.

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

"Questioning." High Inspector said.

"Does the defendant's advocate need to ask questions of the defendant?" The fat judge looked at Fang Yi and said.

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

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

"How much alcohol did you drink before driving your motorcycle, and what kind of alcohol was it?" Fang Yi asked.

"I drank less than one bottle of beer, I can't remember the specifics." 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, and I heard from the doctor that it was not a big problem, just a bruise, not serious, and she went home after treating the wound that day.

I'm very sad about her injury. I now regret very much that I shouldn't have drunk and driven a motorcycle. After Ouyang Jie finished speaking, he raised his right hand and wiped his tears.

Fang Yi didn't know if 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." Fang Yi said.

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

"The first piece of evidence, the photos of the Harley motorcycle and the photos of the accident scene, which is currently stored in the public security organ, proves that the defendant was riding the motorcycle in the traffic accident;

The second piece of evidence, the defendant's confession, proves that the defendant drove a motorcycle while drunk and had an accident;

The third piece of evidence, the appraisal report, proved that the defendant was in a state of intoxication at the time. The senior prosecutor read out the evidence one by one.

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

"No objections." Ouyang Jie said.

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

"No comment." Fang Yi said.

Facts speak louder than words, all the evidence is realistic, there is no problem, and it is okay for the Da Luo Immortal to come, Fang Yi can only nod and 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 to Mr. Ouyang and Ouyang Jie before, and the facts of this case were very simple, and they didn't have any evidence in their hands.

"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 causing a traffic accident for the following reasons:

According to the second paragraph of Article 2 of the Interpretation of the Supreme Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents, it is stipulated that 'a person who causes serious injury to one or more persons in a traffic accident and bears all or the main responsibility for the accident and has any of the following circumstances shall be convicted and punished as the crime of traffic accident: (1) ...... driving a motor vehicle while drunk or taking drugs'

This article does not explicitly exclude the circumstances of causing injury to himself, and Ouyang Jie's act of driving a motorcycle under the influence of alcohol endangers the life, body or property safety of an unspecified number of people, causing both serious injury to himself and minor injuries to others, so his conduct constitutes the crime of causing a traffic accident. Complete. Inspector Gao said.

Today is a total of five new chapters! Five chapters! New Year's New January, ask for monthly passes, recommended tickets, and collections!

(End of chapter)