Equestrian ascendant step is become " treasure pa "
Should be feel well of drive of thing of person Feng Xi originally
But
Because produce check of the wife
On booth important matter
. . .
How is this to return a responsibility after all?
We look then
1
Basic details of a case
Zhang Mou some drives small-sized passenger car, along Songhua River road by north when Xiang Na travel, spot of people's police of traffic be been on duty is hunted down. Classics appraisal, content of the alcohol in some blood is guilty suspect Zhang Mou 83.8mg/100ml, not only such, there still is Zhang Mou in the car some is pregnant the wife of 8 months. Carrying pregnant woman however deliberatelly break the law, is this why? Handling a case we had the result in the examine and verify of personnel. . .
2
Case fact
Guilty suspect Zhang Mou drinks some midday, take a taxi after wine come home, in the evening after 9 o'clock because wife body is uncomfortable, need drives car goes out go to a doctor. Its wife is pregnant 8 many months, had had abortive history twice, that evening the body appears unwell condition, to prevent accident happening, guilty suspect Zhang Mou some oneself drives send a wife to go to a hospital seeing a doctor.
Handle a case the real problem that encounter
One
Zhang Mou of suspect of the crime in this case some alcohol content is inferior (83.8mg/100ml) , just entered punishment standard more than 3.8.
2
Some fastens guilty suspect Zhang Mou to drink midday, drove more at 9 o'clock in the evening, distance drinking time-interval is longer.
3
Guilty suspect Zhang Mou because have emergency happening,some drunken driving is, its wife is pregnant body of 8 many months appears unwell, need to send cure the examination.
Integrated above circumstance, whether do some accord with guilty suspect Zhang Mou criminal law about the clue slight, can lest grant,you ease condemnatory condition?
3
Handle a case working method
East procuratorate of people of division of battalion city bayou
Handle a case person
Chang Xixiu
One
Factualism, reductive nitty-gritty
In this case, some carried out guilty suspect Zhang Mou drunk wine drives behavior, be hunted down by the spot, content of the alcohol in blood detects enter punishment standard more than, relevant evidence gives confirm, form danger to drive the crime is very specific. Handle a case personnel is consulting relevant evidence and Zhang Mou of interrogatory crime suspect understand entire case material, examine and verify some time, some wife belongs to Zhang Mou big pregnant woman, had had abortive record twice, some is suspected of guilty suspect Zhang Mou drunk when driving, its wife already was pregnant 8 many months, that evening the body appears unwell condition, to avoid accident happening, be forced to do, guilty suspect Zhang Mou some oneself drives send a wife to go to a hospital seeing a doctor, offerred anamnesis of hospital outpatient service and color supersonic fault report is only, confirm guilty suspect Zhang Mou takes a wife to undertake to the hospital groovy pregnant affection is checked when some case hair, show have unwell reaction, in the meantime, after some explains guilty suspect Zhang Mou to drink that day midday, hit come home. To make a thorough investigation of nitty-gritty, find out guilty suspect Zhang Mou some subjective and malign size, east complement of mechanism of public security of go back of procuratorate of area of battalion city bayou is investigated, mechanism of requirement public security is compensatory and relevant material, confirm Zhang Mou some whether to belong to for narrating solid. Its wife and friend all confirm piece of such-and-such department to drink midday, hit after wine come home, its wife confirms that evening him body sense is uncomfortable, be afraid of abort again, in the Zhang Mou below this case some takes her to go to a hospital making an inspection.
2
Undertake " qualitative with ration " analysis, implement the criminal policy of aid of broad severe look in the round
In this case, undertaker attempt drives from drunk wine the person of the social harm degree of behavior and travel humanness is dangerous sexual size proceed with, undertake analysing to entire case. From guilty suspect Zhang Mou some society endangers a gender for, one of, drunk wine time is longer. Guilty suspect Zhang Mou some is to drink midday, because of wife body uncomfortable need goes out after 9 o'clock in the evening go to a doctor just drives car, drink with drive time interval is longer between car; Secondly, without other the act that violates law of road transportation safety. Guilty suspect Zhang Mou drives some at that time from time to tome driver's license, and with drive model conform to definitely; The 3rd, did not happen solid kill consequence. Did not produce traffic accident to cause serious consequence, social harm sex is lesser. From guilty suspect Zhang Mou some oneself is analysed, one of, drunk wine degree is inferior. Content of its blood alcohol is 83.8mg/100ml, just maintained the standard 80mg/100ml that drunk wine drives more than; Secondly, admit one's guilt the mood is better. When be hunted down by public security policeman, stop actively drunk drive accept an inspection, commit a crime for narrating according to the facts fact; The 3rd, subjective and malign lesser. Guilty suspect Zhang Mou some answers of the friend invite drink midday, know to cannot drive after wine, come home by what the friend hits for its, subjective those who go up to drive without drunk wine is intended, the dangerous sex that explains its drive to wine hind already had certain acknowledge, made be on guard accordingly. Driving in the evening also is there is good reason for it, its wife is pregnant 8 many months, had had abortive history twice, appear that evening sick condition, produce an accident to prevent a wife, oneself rested several hours, think by accident sober up, situation is urgent under take a taxi without the choice or take other vehicle, choose oneself however drunk drive, its mood is understandable, also be normal human feelings. Guilty suspect Zhang Mou was controlled at 9 o'clock some night drive send a wife to go to a hospital checking, its are drunk it is excusable to draw action, have those who accord with reason is drunk drive reason, reason its are subjective and malign what with its he holds fluky mentality is drunk draw behavior person look smaller than wanting; The 4th, person danger sex is lesser. Some fastens guilty suspect Zhang Mou individual operator, it is better to be behaved before, without guilty criminal record, it is first offence, casual offender, referred be repentant book, genuine contrition, admit one's guilt the mood is good, be willing to attend commonweal to serve an activity condonable. Be based on above qualitative with quantitative analysis, consideration entire case cannot be decided or drink calm from heavy punishment clue, can maintain guilty suspect Zhang Mou some danger drives behavior is belonged to " guilty clue is slight " case, reason undertaker offers the opinion that some makes pair of guilty suspect Zhang Mou do not sue processing, refer section office personnel to discuss, refer committee of courtyard procuratorial work to discuss, think consistently to commit a crime suspect Zhang Mou some " guilty clue is slight " , thirtieth of according to criminal law 7 regulation, do not need to sentence penalty to perhaps avoid penalty, tell a way according to former punishment the 173rd the 2nd regulation, make do not sue a decision relatively, implemented policy of criminal of aid of broad severe look deep already lawfully from wide spirit, also reflected photograph of punishment of responsibility for an offence to get used to a principle.
3
Innovation is built be not sued mechanism of person commonweal labor, to be not sued the person is offerred mend one's ways opportunity
The experience case personnel that does not sue decision processing to make obtain realises the society of criminality endangers a gender further, make them cherish an opportunity, reform, east procuratorate innovation builds people of division of battalion city bayou to be not sued mechanism of person commonweal labor. This mechanism sets, east group of different and volunteer service combines procuratorate of people of division of battalion city bayou and bayou division, the service mode that offers different sort, different man-hour by each volunteer service group is offerred east choice of procuratorate of area of battalion city bayou, area procuratorate seeks the opinion that plans to make the guilty suspect that does not sue a decision to its, whether to agree to enter commonweal service, in make contribution for the society while, the criminality that is oneself is condonable, plan to be not sued the person agrees and enter volunteer commonweal service actively, achieve certain man-hour and performance is good, can serve as drink calm clue considers when measurement of penalty. In this case, some agrees with guilty suspect Zhang Mou attend commonweal to serve, successive in crossing assistance the police upholds traffic order 5 days, explain road transportation to bring all-knowing knowledge to passerby, publicize laws and regulations of traffic safety law in order to cut standard of teaching by one's own example to masses, it is to oneself criminality had soberer knowledge, build record of firm abide by abide by the law bottom line, 2 it is appropriative law plugger, teach caution another person with personal experience.
4
Handle a case comprehend
This case is below the participation of the social all circles such as supervisor of delegate of National People's Congress, people, east procuratorate of people of division of battalion city bayou is held east first battalion city danger drive case do not sue a decision to publish declaration, drive to be suspected of danger lawfully some makes the Zhang Mou of the blame do not sue a decision. Some attends guilty suspect Zhang Mou actively commonweal serves, genuine contrition, admit one's guilt the mood is good, be willing to serve mobile kind in order to enter public welfare, promote oneself abide by the law consciousness and social sense of responsibility ceaselessly.
Zhang Mou some danger drives case, be east first battalion city danger drive not to prosecute a case. In conduction Zhang Mou some danger drives in the case, because details of a case is simple,be done not have and appealed to, because not have,also do not have exemple but abide and forgo check, act on responsible to the society, responsible to party manner however, those who cherish pair of law is awe-stricken, consulting clear fact of the li when records examines data, perfect evidence, safeguarded legal honor already, more the rights and interests that protected experience case personnel; Upheld legal authority already, reflected the criminal policy of aid of broad severe look again, obtained favorable legal result and social result.
