Legal analysis: criminal appeal. Appellant: Zhang, male, born in 19 10, ID number: Han nationality, technical secondary school education, coal miner, living in No.1 Middle School of Zuoshi County, Shanxi Province. Building 1 He Longyu Community in a certain district of a city. The appellant refuses to accept criminal judgment (20 1) Ying Chu Zi No.9 of a provincial, municipal and district people's court for the crime of dangerous driving, and now appeals. Appeal request: 1. Cancel (20 1) yingchuzi No. Conduct criminal trials according to law. Second, the appellant was sentenced to probation according to law and the fine was reduced. Facts and reasons: 1. The appellant thinks that the sentencing and fine of the first-instance judgment are too heavy. 1. The appellant is a first-time offender and has no previous record. The appellant has always performed well at ordinary times, and has no violation of law and discipline and criminal record. And there was no traffic accident or personal injury this time. 2. The appellant voluntarily pleaded guilty and was able to truthfully confess the relevant facts of this case. The appellant actively assisted the public security traffic police department in the investigation, recalled the situation at the time of the crime, truthfully confessed the relevant facts of the case, obeyed the arrangement of the public security organ, and showed a good attitude of pleading guilty and repenting. 3. According to Article 4 of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Drunk Driving Motor Vehicles, if a defendant who is drunk driving a motor vehicle is sentenced to a fine, the amount of fine appropriate to the principal punishment shall be determined according to the defendant's degree of drunkenness, whether it has caused actual damage, and his attitude of pleading guilty and repenting. The appellant in this case did not cause actual damage and voluntarily pleaded guilty. At the same time, the appellant's family is difficult, and he is the only one who provides a source of livelihood. Therefore, the court should consider the criminal's financial affordability when imposing a fine, so the fine imposed by the court is too high. Two, request the people's court at a higher level to apply probation to the appellant. 1. The behavior that constitutes the crime of dangerous driving to the appellant should be detained, and the sentencing file with fine penalty should be considered when sentencing. 2. According to the facts of the case and the actual situation of the appellant, request the superior court to apply probation to the appellant. (1) In addition to the above-mentioned discretionary lighter punishment, the appellant has many family difficulties. The appellant is married and has a son over three years old at home. His wife is a housewife and has no financial resources. The appellant's parents are old and frail, and have been taking medicine for a long time. The appellant is the only dependence and main source of livelihood in this family. (2) The appellant has no social harm, and the application of probation to him conforms to the law. The appellant has the discretionary circumstances of lighter or mitigated punishment, and there is no possibility of endangering society, which meets the conditions of probation. The appellant asked the higher court to apply probation to the appellant according to the facts of the case. To sum up, in view of the appellant's good attitude of pleading guilty, being a first-time offender, with little subjective malignancy and no possibility of endangering society, we request the higher court to give full consideration to the appellant's consistent performance, attitude of pleading guilty, and repentance without causing actual damage, and to give the appellant a lighter punishment. The appellant hopes that the higher court can give him a lighter or mitigated punishment and give him a chance to turn over a new leaf and turn over a new leaf. Accordingly, the appellant proposed to the Municipal Intermediate People's Court:
Legal basis: Article 227 of the Criminal Procedure Law of People's Republic of China (PRC). Defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant. The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels. The defendant shall not be deprived of the right to appeal under any pretext.