One early morning in the winter of 2024, Yang and several friends gathered in a KTV to enjoy themselves. After a few drinks, Yang's two friends, Yuan and Xia, had a conflict. During the process of reporting and resolving the issue, Yang also acted as a mediator. After the mediation was completed, the police found that Yuan's car was parked in the opposite direction on the non motorized lane and blocking the intersection. Yang volunteered to move the car forward. Yang moved his car from the non motorized lane to the parking space on the left side of the trail. Xia mistakenly thought that the person moving the car was Yuan and immediately reported to the police present: "He drove under the influence!" After testing, the ethanol (alcohol) content in Yang's blood was as high as 187.8mg/100ml. The public security authorities classified the case as a dangerous driving case and launched an investigation. Yang was released on bail pending trial and was later transferred to the People's Procuratorate of Fengcheng City, Liaoning Province for examination and prosecution. The handling prosecutor carefully analyzed the case and considered that Yang's original intention for moving the car was only to solve the problem of vehicle blockage on the road, not for normal driving purposes, and there was no subjective driving motivation or purpose. At the same time, the incident occurred in the early hours of the morning, when there were relatively few pedestrians and vehicles on the road. Police were also on duty at the scene, and the overall traffic environment was relatively safe and stable. According to the "Opinions on Handling Criminal Cases of Drunk Dangerous Driving" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice, for the behavior of moving a car short distances after getting drunk, if it meets the conditions, it may not be considered a crime. After discussion by the Joint Prosecutors' Association and a public hearing, the case was fully explained and reasoned. Finally, after discussion by the Procuratorate Committee, it was determined that Yang's behavior did not constitute the crime of dangerous driving and he was not prosecuted according to the law. In this case, the handling of Yang's suspected dangerous driving case by the Fengcheng Procuratorate was not a condoning of drunk driving behavior, but a precise balance between legal principles and reason within the legal framework. Although Yang has been exempted from criminal punishment according to law, he still needs to accept administrative penalties in accordance with the law. Although the distance of driving under the influence of alcohol is short, it still poses a danger to public safety on shorter roads and may constitute a crime. The handling prosecutor reminds us to always remember the principle of "drinking without driving, and driving without drinking", and not to let a "lucky operation" ruin the steering wheel of our lives. (outlook new era)
Edit:Fu Yu Responsible editor:Chi Hua
Source:legaldaily.com
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com