How to write the defense of drunk driving in 2022?
Drunk driving is an abnormal intentional behavior made by the parties under the excessive influence of alcohol, but the driver should be aware of the possibility of driving before drinking alcohol and must be punished for it, so the drunk driver can defend himself in court to get a light sentence. So, how to write the defense of drunk driving? 20 18 drunk driving in self-defense? Regarding the facts of this case, according to the provisions of the current laws of our country on the crime of dangerous driving and the relevant evidence of this case, the defendant has been suspected of constituting the crime of dangerous driving in our country. At the same time, because the defendant has confessed to the crime, the defender has no objection to the accusation of dangerous driving crime by the public prosecution agency, but thinks that the defendant can be given a lighter, mitigated or exempted punishment in sentencing. The reasons are as follows: 1. The circumstances of the crime in this case are minor, and the defendant's subjective malignancy is minimal. The case occurred at about 20 1 1 year on May 20, and the defendant was drinking at about noon 12 that day, during which he had been working for half a day, with an interval of about 8 hours. The defendant mistakenly thought that the nature of wine had passed and it was no longer drunk driving. Therefore, the defendant's drunk driving behavior is different from the ordinary behavior of driving while knowing that he is drunk, pursuing excitement and letting go of endangering society. It was because of his own misunderstanding that this case finally happened, and the defendant felt great regret and deep remorse afterwards. Second, the circumstances and consequences of the crime in this case are relatively minor, and the potential threat caused by the crime to the normal social management order is also relatively small. This can be explained from the following five aspects: 1, the time of the crime was 17 at around 8 pm in May, which was not the peak time for commuting and going to school, nor was it during the day. 2. When the defendant saw the traffic police set up a post to inspect the vehicle, he was able to stop driving the motor vehicle on his own initiative and cooperate with the police to inspect it. 3. The defendant's behavior did not cause personal injury or property loss to the society, and his personal danger was small. The defendant in this case belongs to pure drunk driving behavior, which is different from the drunk driving behavior that has caused traffic accidents. 4. The vehicle driven by the defendant is a two-wheeled motorcycle, which is far less harmful and destructive to society than cars or other operating vehicles and large vehicles. 5. The defendant has a valid driver's license and a complete vehicle license. Third, the defendant can truthfully confess his crimes, voluntarily plead guilty, and sincerely repent. From the defendant's self-investigation to the trial, he can truthfully confess his crimes, actively cooperate with the investigation activities of the cadres of the investigation organs, and voluntarily explain the whole process of crimes without any concealment, evasion or sophistry, so that criminal proceedings can be carried out smoothly and efficiently. After handling the case, the defendant can fully realize his mistakes and deeply repent. Because of his mistakes, he can't normally perform his responsibilities as a son, husband, father and employee, especially bringing infinite pain, missing and concern to his family. The defendant's situation is in line with Article 9 of Several Opinions on Applying Ordinary Procedures to Trial Cases of Defendants Confessing Guilt, and Article 8 of the Criminal Law Amendment (VIII), "A criminal suspect who truthfully confesses his crimes may be given a lighter punishment." 4. The defendant is an occasional offender and a first offender. He has no criminal record and has been doing well. Before the incident of this case, the defendant did not receive any administrative punishment or criminal punishment. He has worked in the unit for many years, is not afraid of hardship, is active and willing to work, and has been praised by leaders many times. Dear presiding judge, at the end of my speech, on behalf of the defendant, I sincerely ask you to give the defendant a lighter, mitigated or exempted punishment according to the facts, laws and consequences, and give the defendant a chance to turn over a new leaf and turn over a new leaf. In short, since it has constituted a mistake of drunk driving, we must first let the court know that its malignancy has not reached a very serious level, but our defense has always lacked some legal and theoretical support, so we suggest to find a lawyer to defend it directly.