I feel guilty for not being around to take care of him, love him and remind him; All kinds of hardships in life need to be honest.
Early report:
Lang Yongchun was sentenced to three months' criminal detention and fined 4000 yuan | with lawyer's statement.
Lang Yongchun's dangerous driving case was pronounced in the first instance today. The defendant Lang Yongchun was sentenced to three months' criminal detention and fined 4000 yuan for dangerous driving.
Interpretation of sentencing in Lang Yongchun's drunk driving case
Author: Wu Guiyang, Executive Director of Criminal Department of Beijing Yingke Law Firm.
As the defense lawyer of Lang Yongchun's drunk driving case, I interpret Lang Yongchun's sentencing according to the specific case and relevant laws and regulations, in response to the concern of all sectors of society about Lang Yongchun's sentencing.
According to the criminal law of China, drunk driving will be punished by one to six months' criminal detention and fines. The sentencing guidance of the Supreme People's Court on joint crime (II) (Trial) (hereinafter referred to as sentencing guidance) further refines the sentencing of dangerous driving crime: 1 If it constitutes a crime of dangerous driving, the starting point of sentencing can be determined within one to two months of criminal detention. 2. On the basis of the starting point of sentencing, the amount of punishment can be increased according to dangerous driving behavior and other criminal facts that affect the criminal process, and the benchmark punishment can be determined. 3. For the defendant who is drunk driving a motor vehicle, the defendant's degree of drunkenness, motor vehicle type, vehicle driving road, driving speed, whether it has caused actual damage, confession and repentance shall be comprehensively considered, and accurate conviction and sentencing shall be made. If the circumstances are obvious, minor and harmless, they shall not be convicted and punished; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, criminal punishment may be exempted.
In this case, the motor vehicle driven by Lang Yongchun meets the safety technical conditions; The driving time is around 1 1 p.m. There are few vehicles and pedestrians on the road, and the driving distance is short. It's about three or four kilometers from the hotel to home. There was no speeding during driving, so Lang Yongchun's drunk driving plot was lighter in terms of "motor vehicle type, vehicle driving road and driving speed".
In this case, although Lang Yongchun had a vehicle collision during drunk driving, it was very minor (the loss was not identified, but it was confirmed by the testimony of the other party that the collision was very minor). Lang Yongchun entrusted his relatives to actively compensate the other party for the loss at the first time and reached a settlement agreement to obtain the other party's understanding. According to the relevant policies of the Supreme Court, drunk driving can no longer be regarded as an aggravating circumstance.
Judging from the degree of drunkenness, Lang Yongchun's blood alcohol content is 207 mg/100 ml, which is a heavier punishment. But Lang Yongchun also turned himself in. According to Article 67 of the Criminal Law, "criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, it can be exempted from punishment. " Therefore, Lang Yongchun's surrender is enough to offset the heavier punishment of drunkenness.
Lang Yongchun has always performed well, with integrity and hard work. This is a first-time offender, an occasional offender, and I regret it afterwards. He felt deeply sorry for his wife and the public. Sincere and thorough repentance attitude is also a discretionary consideration in sentencing.
"Everyone is equal before the law" can't be given preferential treatment in sentencing just because Lang Yongchun is a celebrity, but it can't be severely punished just because Lang Yongchun is a celebrity. This is another meaning of "everyone is equal before the law". In other words, before the law, Lang Yongchun is just an ordinary person and should be sentenced in strict accordance with the law and facts. On the whole, the sentencing circumstances of Lang Yongchun's drunk driving are still general. It is appropriate for the court to sentence him to three months' criminal detention on the basis of the sentencing starting point stipulated in the above sentencing guidance, and it is also within the scope of sentencing suggestions of the procuratorate.
A responsible person deserves respect!