Wuhu Jiujiang District People's Procuratorate

Non prosecution decision

Jiu Jian Yi Bu Xing Bu San [2019] No. 18

The non indicted person Huang Moumou, male, born on * * * *, 1978, with a resident ID card number of 3402111978 ***************, Han nationality, primary school culture, whose domicile is located at * * Village * *, * * Town, Jiujiang District, Wuhu City, Anhui Province, lives in * * Room * *, Building * *, Jiujiang District, Wuhu City, Anhui Province. On July 8, 2019, Jiujiang Branch of Wuhu Public Security Bureau obtained a guarantor pending trial on suspicion of dangerous driving.

The case was investigated and concluded by the Jiujiang Branch of Wuhu Public Security Bureau. On August 6, 2019, the non indicted person Huang Moumou was suspected of dangerous driving and was transferred to our court for review and prosecution. The Court extended the time limit for review and prosecution on September 4, 2019.

The Court has examined and found that:

At about 22:32 on June 27, 2019, the defendant Huang Moumou drove the Wan******* minibus after drinking. When he drove to the intersection of * * Road * * Road, he was found by the traffic police on the scene and was subjected to a breath alcohol test. The result was that the alcohol content was 84mg/100ml. The traffic police then took Huang Moumou to Wuhu Fifth People's Hospital to take venous blood for examination. According to the test report [2019] Fadujianzi No. 0748 issued by the Judicial Authentication Institute of Anhui Normal University, Huang Moumou, who was not prosecuted, had 82.4mg/100ml of alcohol in his blood when he was found, and was suspected of driving a motor vehicle after being drunk.

The Court believes that the non prosecuted person Huang Moumou has committed the act specified in Paragraph 1 (2) of Article 133-1 of the Criminal Law of the People's Republic of China. The criminal facts are clear and the evidence is really sufficient, so he should be investigated for criminal responsibility as a dangerous driving crime. However, because the alcohol content in his body just reached the prosecution standard for drunk driving of motor vehicles, and there was no serious punishment according to the law, it was a minor crime. According to the provisions of the second paragraph of Article 177 of the Criminal Procedure Law of the People's Republic of China, he decided not to prosecute Huang.

If the person who is not prosecuted does not accept this decision, he may appeal to this court within seven days after receiving this decision.

September 11, 2019_