Party information
People's Procuratorate of Lingbi County, Anhui Province.
Defendant Cui Fei, male, was born in Lingbi County, Anhui Province in * * *, Han nationality, junior high school education, farmer, and now lives in Lingbi County. On March 7th, 20 17, he was released on bail by Lingbi County Public Security Bureau, released on bail by Lingbi County People's Procuratorate on May 10, and released on bail by our hospital on June 1 day.
Trial process
Lingbi County People's Procuratorate accused the defendant Cui Fei of dangerous driving with indictment No.1. [20 17]285, and filed a public prosecution with our hospital on May 27th, 20 17. Our court applied summary procedure and heard the case in public on June 5 of the same year. Lingbi County People's Procuratorate appointed inspector Li Kaiming to appear in court to support the public prosecution, and defendant Cui Feifei attended the lawsuit. The case has now been closed.
Request situation
Lingbi County People's Procuratorate accused:1At about 20 17 14 o'clock on October 30, when the defendant drove the Su AXXXXX minibus to the south section of Liangzhuang Village, Chaoyang Town, Lingbi County, there was a dispute with the Su CXXXXX minibus driven by Wu Shuangshuang, and Wu Shuangshuang called the police. Police from Chaoyang Police Station of Lingbi County Public Security Bureau took Cui Fei to Chaoyang Town Health Center to take blood samples. It was identified that the blood alcohol content of defendant Cui Fei was11.579 mg/100 ml. The public prosecution agency believes that the defendant Cui Fei drunk driving a motor vehicle on the road, and his behavior has violated the provisions of Article 133 of the Criminal Law of People's Republic of China (PRC). He should be investigated for criminal responsibility for dangerous driving and submitted to our hospital for judgment according to law.
Defendant's point of view
Defendant Cui Fei had no objection to the alleged criminal facts and charges in court.
Case facts
It was found through trial that:1at about 65,438+07,65,438+04 o'clock on October 30th, when the defendant drove the Su AXXXXX minibus from south to north to a north-south cement road in the south of Liangzhuang Village, Chaoyang Town, Lingbi County, there was a dispute with the Su Cxxxx SUV driven by Wu Shuangshuang, Lanshan Town, Suining County, because of the passing of the car, and he called the police in doubles. The police of Chaoyang Police Station of Lingbi County Public Security Bureau took the defendant Cui Fei to Chaoyang Town Health Center to take blood samples. Tested by Anhui Yongtai Judicial Appraisal Institute, the alcohol content of defendant Cui Fei was11.579 mg/100 ml.
Defendant Cui Fei had no objection to the above facts during the trial, which was confirmed by expert opinions, witness testimony, defendant Cui Fei's confession and relevant documentary evidence.
Court view
We believe that the defendant Cui Fei drunk driving on the road has constituted the crime of dangerous driving and should be punished according to law. The public prosecutor accused the defendant Cui Fei of dangerous driving and found him guilty. Defendant Cui Fei pleaded guilty voluntarily in court and can be given a lighter punishment according to law. According to the facts, nature, plot and degree of harm to society of this case, according to Item (2) of Article 133-1, Article 52, Article 53, Item (3) of Article 67, Article 72, Item (1), Item (3) of Article 73, Article 61 of the Criminal Law of People's Republic of China (PRC), and "the Supreme People's Procuratorate Ministry of Public Security and the Supreme People's Court on Handling Criminal Cases of Drunk Driving Motor Vehicles"
Case results
Defendant Cui Fei was convicted of dangerous driving, sentenced to one month's detention, suspended for two months, and fined RMB 1,000.
(The probation period of probation shall be counted from the date when the judgment is determined. The fine has been paid)
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Suzhou City, Anhui Province through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.
Judge Zhang Haijun
June 5, 1717