Wuhu Jinghu District People's Procuratorate

Non prosecution decision

Jing Jian Yi Bu Xing Bu Shen [2020] No. 258

The respondent Wang Moumou, male, born on * * *, 1984, with resident ID card number of 1305331984 ****************, Han nationality, primary school culture, hungry food delivery clerk, whose domicile is No. * *, * * Village, * * Town, Wei County, Xingtai City, Hebei Province, now lives in * * Unit * *, * * Building, * * Community, Yijiang District, Wuhu City, Anhui Province. On May 27, 2020, the non indicted person Wang Moumou was taken compulsory measures by the Jinghu Branch of Wuhu Public Security Bureau to obtain a guarantor pending trial for being suspected of dangerous driving.

The case was investigated and concluded by the Jinghu Branch of Wuhu Public Security Bureau, and the non indicted person Wang was suspected of dangerous driving, and was transferred to our court for review and prosecution on June 11, 2020. After accepting the case, the Court has informed the non indicted person that he has the right to entrust the defender and the possible legal consequences of pleading guilty and accepting punishment within three days, listened to the opinions of the lawyer on duty, interrogated the non indicted person according to law, and reviewed all case materials.

After legal review, it is found that:

At about 1:00 a.m. on May 21, 2020, the defendant Wang Moumou was caught on the spot by the police on duty when he was driving the Wan******** ordinary two wheeled motorcycle after drinking and driving from north to south along Changjiang Middle Road, Jinghu District, Wuhu City to the section in front of Hilton Hotel on Changjiang Middle Road. After being identified by the Judicial Identification Institute of Anhui Normal University, the defendant Wang Moumou's blood alcohol content was 83.4mg/100ml, and he was drunk driving a motor vehicle.

After the crime, Wang Moumou, the person who was not prosecuted, truthfully confessed his crime of drunk driving.

The above facts are proved by the following evidence:

Documentary evidence such as population information and seizure process;

The testimony of the witness Hu Moumou;

The confession and defense of the non indicted person Wang Moumou;

Appraisal opinions;

Audio visual materials.

The Court believes that the non indicted person Wang Moumou 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 frank circumstances, a good attitude to plead guilty and plead guilty to punishment. 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 Wang.

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.

June 22, 2020