Zhang Zian processing results
Text Party Information Public Prosecution Organization Anhui Province Suixi County People's Procuratorate. Defendant Zhang Zian, male, Han nationality, **** was born in Suixi County, Anhui Province on **Month**, junior high school education, farmer, living in Suixi County. Because of the traffic collision in this case, on November 20, 2018 by the Public Security Bureau of Suixi County administrative detention, the same year December 3, 2018 by the Public Security Bureau of Suixi County criminal detention, the same year December 12 by the People's Procuratorate of Suixi County approved the arrest, the same day by the Public Security Bureau of Suixi County to carry out the arrest, on January 11, 2019 by the People's Procuratorate of Suixi County decided to release on bail pending trial. The defender Yang Guomin, Anhui Jiawen Law Firm, lawyer. The trial The Suixi County People's Procuratorate charged Zhang Zian with the indictment of Suixi Procuratorate Criminal Complaint [2019] No. 44 for the crime of traffic accident, and filed an indictment with this court on January 22, 2019, which is an ordinary procedure, and the defendant was arrested on bail pending trial. This court applied ordinary procedure, organized a collegial court according to law, and heard the case in open court. Suixi County People's Procuratorate assigned procurator Zhang Mou1 and Wang Mou to appear in court to support the public prosecution, and the defendant Zhang Zian and his defender Yang Guoqiang appeared in court to participate in the proceedings. The case is now finalized. Facts of the case The trial found that: at about 19:00 on November 19, 2018, the defendant Zhang Zian without driving qualifications driving a four-wheeled tractor without a number plate, along the S305 line of Suixi County, driving from south to north, to the 16 km +650 meters left turn with the victim Zhang Mou2 driving a motorcycle collision, resulting in Zhang Mou2 injured. After the accident, Zhang Zian fled. After identification, Zhang Mou2 degree of injury for serious injuries; by the Suixi County Public Security Bureau Traffic Management Brigade, Zhang Zian is fully responsible for the accident. Another finding: on January 23, 2019, the defendant Zhang Zian reached a mediation agreement with the victim Zhang Mou2 and has been fulfilled and the victim Zhang Mou2 understanding. The above facts, the defendant Zhang Zian in the hearing process without objection, and have the police situation registration form, the case registration form, the decision to file a case, after the arrival, household registration information, the certificate of previous convictions, the scene investigation transcripts and photographs, the driver and the vehicle query information, the certificate of responsibility for traffic accidents, forensic medicine human injury identification, forensic identification of opinions, administrative penalty decision, people's conciliation agreement. Criminal understanding, the victim Zhangmou 2 statement and the defendant Zhang Zian confession in the public security organs and other evidence to confirm, sufficient to determine. Court opinion The court held that: the defendant Zhang Zian violation of transportation management regulations, no driving qualifications to drive a motor vehicle without a license plate traffic accidents, resulting in serious injuries to a person, and then fled, responsible for the accident, his behavior has constituted the crime of hit and run. His behavior constituted a traffic accident. The public prosecution was found guilty of the charge. Zhang Zian arrived at the crime can truthfully confess his crime, is confessed, according to the law, less severe punishment; Zhang Zian has compensated the victim's economic losses and gained the victim's understanding, discretionary less severe punishment. Based on the circumstances of his crime and his remorse, Zhang Zi'an was not at risk of committing another crime, and his probation had no significant adverse impact on the community in which he lived, so he was given a suspended sentence. In accordance with the provisions of Article 133, Article 67(3) and Article 72(1) of the Criminal Law of the People's Republic of China, the verdict is as follows: Outcome of the case The defendant, Zhang Zian, was convicted of the crime of traffic accident and sentenced to three years' imprisonment with three years' probation. (The period of probation shall be calculated from the date of judgment). If you do not accept this judgment, you may appeal to the Intermediate People's Court of Huaibei City, Anhui Province, through this court or directly within ten days from the second day of receiving the judgment. Written appeal, should be submitted to the original appeal, four copies. Judge Wang Piao People's assessor Fong Xiaoyan People's assessor Zhang Ling February 12, 2019