Chapter 1023: How embarrassing!

"Well, in fact, we work less overtime, mainly on business trips, but basically they are short-term business trips, going to other places for court sessions, and generally coming back in three days at most, sometimes going back on the same day, it's more tormenting." Fang Yi smiled.

He felt that although the female trainee lawyer in front of him was older, she was not a novice, had some work experience, and felt that her emotional intelligence was not low, so she could try it.

"It's okay, I'm not afraid of tossing. In the past, when we were in the procuratorate, we used to work overtime, and we were used to it. Sui Xia smiled.

"Okay, welcome to my team, I'll ask Yun Qiao to arrange a desk for you and go through the onboarding procedures in a while. She will give you the rules and remuneration system of the team. Tomorrow officially starts work, no problem, right? Fang Yi got up and stretched out his right hand and smiled.

"Thank you, thank you, Lawyer Fang." Sui Xia got up, her face was excited, her career as a lawyer began at this moment.

Although she hasn't stepped into the workplace for many years, Sui Xia hasn't had any discomfort, maybe it's because Yun Qiao has more contact with her, and the two are more compatible, and the day after she joined the company, she and Yun Qiao were sisters in private, and the relationship was good.

At lunchtime, Sui Xia was even more inseparable from Yun Qiao and Zhou Ying, and those who didn't know thought they were old colleagues. In addition, although Sui Xia does not have social, she is very amiable, and she got acquainted with the lawyers and trainee lawyers in the team in just one week.

When discussing the case within the team, Sui Xia behaved more like a lawyer with some practice experience, not at all like a trainee lawyer, of course, this is inseparable from her work in the procuratorate, and it also proves her professional ability.

Yun Qiao was glad in his heart, thanks to the master who didn't arrange Sui Xia for himself and Zhou Ying, otherwise how embarrassing it would be for the two of them to face Sui Xia like a big sister!

On this day, Sui Xia entered the office to send case file materials to Fang Yi, and Fang Yi suddenly remembered the matter of giving benefits to team members on New Year's Day: "Sui Xia, is Yun Qiao outside?" Let her in. ”

"Lawyer Yun is not here, this afternoon Zhou Kaidong's dangerous driving case was in court, and she drove to a neighboring city for a trial." Sui Xia replied.

"Oh, I remember, she mentioned it to me yesterday. I'm fine, you go get busy. After Fang Yi finished speaking, he went to Wan Kefa's office.

At this time, in the trial court of the Linshi Intermediate People's Court, Yun Qiao was in session, and Zhou Kaidong was sitting in the defendant's seat, hoping that the court of second instance would change the verdict.

Drunk driving, that is, the crime of dangerous driving, the facts of the case are very simple, since drunk driving has been criminalized, the court will hear many such cases every year, and the judge does not think that this kind of case is so difficult, and even today's collegial panel members are temporary 'strong men'.

The trial process was similar to Yun Qiao's expectations, and the defendant Zhou Kaidong recognized all the facts of the case, and only objected to the sentencing. Therefore, the focus of the dispute between the prosecution and defense is on sentencing.

"The court investigation is over, and now the court argument is open. Before the debate, the court draws the attention of the prosecution and the defense to the fact that the debate should mainly focus on the determination of the charge, sentencing and other controversial issues.

The appellant will speak first. The presiding judge said.

There are still many cases in the hands of the presiding judge that have not been tried, and he feels that such a simple case does not require much speech, and it is enough to go through the procedure, so he did not even read the case file before the trial, but when the investigation of the facts was completed, he suddenly felt that this case was a little different, and it was not the same as ordinary drunk driving cases.

"I have no opinion on the facts and charges of the crime charged by the prosecutor's office, but I drank alcohol the night before the crime and drove home the next morning.

Because the road was so foggy, I parked in the outermost lane for fear of a traffic accident, and I didn't realize I was driving drunk. I implore the court to give a lenient punishment to ......" Zhou Kaidong's attitude was very sincere.

"I will now speak by the defender of the appellant Zhou Kaidong." The presiding judge frowned and glanced at Yun Qiao.

"Presiding Judge and Judge: The defender has no objection to the facts and charges of the crime charged by the public prosecutor against the defendant, but the defendant Zhou Kaidong drove after about five hours of drinking, and parked his car in the bus lane when the road was difficult to see in fog, reflecting his subjective will to prevent a traffic accident.

Objectively, the car driven by the defendant was in a state of stop at the time of the rear-end collision, and the crime occurred in the early morning, and there were few pedestrians and vehicles on the road. The accident did not cause great economic losses or major personal injuries to both parties, and the social harm was small.

After the incident, Zhou Kaidong was able to truthfully confess the crime, had a good attitude in admitting guilt, and actively compensated the other culprit for economic losses and obtained forgiveness.

Moreover, the defendant was a first-time offender or an occasional offender, and had not received administrative or criminal punishment for drunk driving, so the circumstances of the crime were relatively minor.

Based on the above circumstances, the defender recommended that the defendant Zhou Kaidong be given a lighter punishment and the sentence be commuted to a suspended sentence. Complete. Yun Qiao expressed his defense opinion.

"It is now up to the Prosecutor to speak." The presiding judge continued the proceedings.

"Presiding judges, judges, we think,...... Defendant Zhou Kaidong drove a motor vehicle while intoxicated on the road, and the motor vehicle he drove was involved in a traffic accident with other motor vehicles, and he was equally responsible for the accident. His actions constitute the offence of dangerous driving.

The facts ascertained in the first-instance judgment were clear, the evidence was sufficient, and the law was correctly applied. The collegial panel is requested to reject the appellant's appeal request and uphold the original judgment. Complete. "The procurator believes that the punishment of one month's detention is appropriate for the defendant, and the sentence imposed by the court of first instance is not severe.

"The prosecutor may respond to the defender's arguments." The presiding judge said.

"Okay, in response to the defender's defense, we mainly make the following points:

Although the crime of dangerous driving is the only misdemeanor in the specific provisions of the Criminal Law, the main penalty is criminal detention, it does not mean that the misdemeanor is of course a "minor crime", and whether it is a minor crime needs to be considered in specific cases according to the circumstances of the crime.

In this case, the defendant Zhou Kaidong was driving a motor vehicle while intoxicated on the road, and decided to stop driving due to heavy fog, but instead of stopping in a safe area, he parked the car in the bus lane, causing the bus leaving the station to be rear-ended and was equally responsible for the accident, so it did not belong to the 'less serious circumstances of the crime'.

We believe that the application of suspended sentences should focus on the severe punishment side of the criminal policy of blending leniency and severity, otherwise the public will have the misunderstanding that the crackdown is ineffective, and even think that the punishment for drunk driving is not as severe as the administrative detention before the criminalization.

In addition, the court of first instance had already taken into account the circumstances of defendant Zhou Kaidong's low degree of intoxication, truthfully confessing his crime after arriving at the case, actively making compensation, and obtaining forgiveness, and the judgment was lenient. Probation should no longer apply. Complete. The inspector responded.

Three chapters today!