People's Procuratorate of Langya District, Chuzhou City, Anhui Province
Non prosecution decision
LJYBXBS [2020] No. 105
Non indictee Chen Moumou, male, born in Dongxiang County, Hunan Province on * * *, 1972, with resident ID card number of 3602031972 **************, Han nationality, college culture, Anhui * * Company * *, whose domicile is No. * * Building * *, * * Community * *, * * Road * * Community, Zhushan District, Jingdezhen City, Jiangxi Province (living in Room * * Unit * *, * * Building * *, * * Phase * Community *, * Road * Community, Langya District, Chuzhou City). On September 8, 2020, Chen Moumou, the non indicted person, was granted a guarantor pending trial by Chuzhou Public Security and Public Transport Branch due to his suspicion of dangerous driving.
Cause of action Chuzhou Public Security Bureau Public Transport Branch The investigation ended with the suspect Chen Moumou Dangerous driving crime , on November 18, 2020 To be transferred to this court for examination and prosecution.
The Court has examined and found that:
At 21:22 on July 31, 2020, Chen drove Gan H after drinking ***** The small car was seized by the police on duty when driving from south to east to the intersection of Lingxi Road and Changjiang Road, Langya District, Chuzhou City. The breath alcohol content was 117mg/100ml. According to the appraisal of Anhui Jindun Judicial Identification Institute, the blood alcohol content of a certain Chen was 108mg/100ml at the time of the crime.
After the case was filed, Mr. Chen was notified by the public security organ by telephone and truthfully confessed the facts of the crime.
In our opinion Chen The Criminal Law of the People's Republic of China Article 133-1 Paragraph 1 (2) The prescribed act, because the circumstances of the crime are minor, has the circumstances of voluntary surrender, According to Article 37 of the Criminal Law of the People's Republic of China, no penalty is required. In accordance with Paragraph 2 of Article 177 of the Criminal Procedure Law of the People's Republic of China Chen No prosecution.
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.
People's Procuratorate of Langya District, Chuzhou City, Anhui Province
November 24, 2020
