Wuhu Jinghu District People's Procuratorate

Non prosecution decision

Jing Jian Yi Bu Xing Bu Shen [2020] No. 407

The non indicted person Ding XX, male, born on * * *, 1980, with resident ID card number of 3402021980 *************, Han nationality, college culture, works in the canteen management of Wuhu Tobacco Company. The registered permanent residence is Room * *, Building * *, Yijiang District, Wuhu City, Anhui Province, and the current residence is Room * *, Building * *, Yijiang District, Wuhu City, Anhui Province. Ding Moumou, the non indicted person, was granted a guarantor pending trial by Jinghu Branch of Wuhu Public Security Bureau on June 15, 2020 due to his suspicion of dangerous driving.

The case was investigated and concluded by the Jinghu Branch of Wuhu Public Security Bureau. The investigation organ transferred the non indicted person Ding XX to our court for review and prosecution on July 23, 2020, because he was suspected of dangerous driving. After accepting the case, the Court informed the non indicted person Ding XX that he had the right to entrust defenders, interrogated the non indicted person according to law, and reviewed all case materials.

After legal review, it is found that:

At about 2:19 on May 20, 2020, the person who was not prosecuted, Ding, drove a small car named Wan ******* after drinking, along the middle Changjiang Road in Jinghu District of the city from north to south to the front road of Hilton Hotel, and was found by the police on duty at the scene. It is identified that the blood alcohol content of the non indicted person Ding XX is 82.9mg/100ml, and he is drunk driving a motor vehicle.

The Court believes that the person who is not prosecuted, Ding, has committed the act specified in Item 2, Paragraph 1, Article 133-1 of the Criminal Law of the People's Republic of China, but the circumstances of the crime are minor, with the circumstances of confession, confession and punishment. According to the provisions of Article 37 of the Criminal Law of the People's Republic of China, no penalty is required. In accordance with the provisions of the second paragraph of Article 177 of the Criminal Procedure Law of the People's Republic of China, it was decided not to prosecute Ding.

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.

Inspector: Ge Pengpeng

July 30, 2020