1, the defense of dangerous driving crime must first specify which lawyer is appointed as the first-instance defender of the defendant suspected of dangerous driving crime, and clarify who the defendant is and the circumstances of lighter punishment;
2. Secondly, it means that the defendant is an occasional offender and a first-time offender, and actively compensates the victim, and obtains the understanding of the victim, and requests the people's court to exempt the defendant from criminal punishment or give him a lighter sentence or suspended sentence.
The defense opinions on the crime of dangerous driving are as follows:
1, the defendant was given a lighter punishment.
(1) First of all, subjectively speaking, the defendant who has always been low-key and cautious never drinks too much, and he has no "active" criminal motive. (Analyze the situation in detail later);
(2) Secondly, the defendant's personal danger is small, causing no harm to society, and the defendant's blood alcohol concentration is only slightly higher than the normal standard. The letter of confirmation issued by the traffic police brigade determines that the defendant is mainly responsible for the accident and bears secondary responsibility;
(3) Third, the defendant has a good attitude of pleading guilty. (specify the details of confession).
2. The defendant is an occasional offender and a first offender. The defendant always abides by the law, behaves well and is honest. (Show guilty attitude and ask for a lighter sentence)
3. The defendant actively compensated the victim and obtained the victim's understanding. The defendant and the victim actively negotiated compensation and obtained the understanding of the victim, and also requested the court to consider it.
4. Suggest that the people's court exempt the defendant from criminal punishment or give him a lighter sentence or suspended sentence (analyze the request for exemption from criminal punishment or a lighter sentence from social morality, laws and regulations). In view of the above reasons, we implore the people to consider the specific circumstances of this case, exempt the defendant from criminal punishment or give him a lighter punishment, and give him a suspended sentence, so that the defendant can feel the care of the country, the generosity of society and the humanity of law, and let him conscientiously reform himself and sincerely give back to our society while fulfilling his social and family responsibilities. I urge the court to fully consider and adopt the above defense opinions. Law firm year month day.
To sum up, the defense of the crime of dangerous driving Dear presiding judge and judge, our law firm has been entrusted to appoint a lawyer as the first-instance defender in the case of the defendant suspected of dangerous driving. After accepting the entrustment, the lawyer carried out a series of work; Combined with today's trial, the defender has no objection to the characterization of the defendant's dangerous driving crime in the indictment of the public prosecution agency. Combined with the court investigation just now, according to the facts and laws, he made the following defense opinions and asked the court to consider and adopt them. Is the corresponding legal defense opinion.
Legal basis:
Article 133 of the Criminal Law of People's Republic of China (PRC)
The crime of causing traffic accidents violates traffic laws and regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public and private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
Article 133- 1
Crime of Dangerous Driving Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
(a) chasing racing, the circumstances are bad;
(two) drunk driving a motor vehicle;
(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;
(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety.
Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 133 bis
Crime of Obstructing Safe Driving Whoever uses violence or robs the driver of a running public transport to interfere with the normal operation of public transport and endanger the safety of public transport shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or control, and shall also, or shall only, be fined.
If the driver of the preceding paragraph leaves his post without permission on public transport, fights with others or beats others, thus endangering the safety of public transport, he shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.