People's Procuratorate of Dongzhi County, Anhui Province

Indictment

Dong Jian Yi Bu Xing Shen [2020] No. 86

Defendant Ouyang, male, born on * * *, 1970, with resident ID card number 3428291970 *************, Han nationality, junior high school culture, individual business, registered permanent residence in Dongzhi County, Chizhou City, Anhui Province, residing at * * Road * *, * * Town. He was detained by Dongzhi County Public Security Bureau on August 22, 2020 on suspicion of obstructing official business and dangerous driving; With the approval of the court, he was arrested on September 3, 2020.

The case was investigated and concluded by Dongzhi County Public Security Bureau. The defendant Ouyang was suspected of obstructing official duties and dangerous driving, and was transferred to our court for review and prosecution on September 16, 2020. After accepting the case, the court informed the defendant on the next day that he had the right to entrust the defender and the possible legal consequences of pleading guilty and pleading guilty. On the same day, the court informed the victim that he had the right to entrust agents ad litem, interrogated the defendant according to law, listened to the opinions of the defendant, his lawyer on duty and the victim, and examined all case materials. The defendant agreed that the case should be tried through summary procedure.

After legal review, it was found that at about 9:00 p.m. on August 20, 2020, the defendant Ouyang drove a * * * * Buick in Anhui after drinking and passed the * * intersection of * * Town when he saw the police investigating drunk driving. Afraid of being investigated, he wanted to turn around and run away. Zhu and Jiang rushed to the left side of the car and signaled Ouyang to stop for inspection. Ouyang refused to be dissuaded and continued to reverse. Zhu used a flashlight to break the window of the cab glass. As the flashlight fell to the ground, Zhu bent down to pick up the flashlight. When Ouyang stepped up the accelerator after reversing, he knocked Zhu down to the ground, causing soft tissue bruises on Zhu's right elbow and soft tissue bruises on Jiang's right middle finger. Later, Ouyang drove to the parking lot in front of the village committee of * * Village, * * Town, parked his car here, and fled to the leisure and entertainment square next to the power supply station in * * Town to hide. At about 1:00 a.m. on August 21, Ouyang surrendered himself to the police station of * * and cooperated with the police to draw venous blood from the * * Central Health Center. On the same day, Anhui Xinli Judicial Identification Institute identified that the alcohol content in his blood was 98.9mg/100ml, which was drunk.

The evidence for ascertaining the above facts is as follows:

1. Registration form, case filing decision, query result sheet of driver and motor vehicle information, query record of illegal and criminal experience, process of case arrival, outpatient medical record and diagnosis certificate of * * Town Central Health Center;

2. Testimony of witnesses Zheng and Cheng;

3. Statement of the victim Zhu and Jiang;

4. The confession and defense of the defendant Ouyang;

5. The judicial expertise opinion of Anhui Xinli Judicial Expertise Institute;

6. Audio visual materials;

The above evidence collection procedure is legal and the content is objective and true enough to identify the facts of the allegations. The defendant Ouyang has no objection to the facts and evidence of the alleged crime and voluntarily pleads guilty and accepts punishment.

The court believes that the defendant Ouyang has violated the traffic and transportation management regulations by driving a motor vehicle while drunk, and his behavior has violated Item 2, Paragraph 1, Article 133-1 of the Criminal Law of the People's Republic of China. The criminal facts are clear, the evidence is reliable and sufficient, and he should be investigated for criminal responsibility as a dangerous driving crime. Ouyang has obstructed the people's police from performing their duties according to law by means of violence, and his behavior has violated the first and fifth paragraphs of Article 277 of the Criminal Law of the People's Republic of China. The facts of the crime are clear, the evidence is reliable and sufficient, and he should be investigated for criminal responsibility for the crime of obstructing public service. Article 69 of the Criminal Law of the People's Republic of China shall apply to Ouyang who committed several crimes before the judgment was announced. In accordance with the provisions of Article 15 of the Criminal Procedure Law of the People's Republic of China, a plea of guilty and a punishment can be given with leniency. In accordance with the provisions of Article 176 of the Criminal Procedure Law of the People's Republic of China, if you initiate a public prosecution, please be sentenced according to law.

Sincerely

People's Court of Dongzhi County, Anhui Province

Prosecutor: Yao Peihua

September 29, 2020