Anhui Province Lu'an Yu'an District People's Procuratorate
Non prosecution decision
YJXBS [2021] No. 29
Non indictee Fan , male, 1 nine ** year ** month ** Date of birth, ID card number thirty-four million twelve thousand one hundred and nineteen ********** , Han nationality, Junior high school culture, driver , domicile The * * Villagers' Group of * * Village, * * Township, Changfeng County, Hefei City, Anhui Province, whose current address is Shou County, Huainan City, was granted a guarantor pending trial by Lu'an Public Security Bureau on April 15, 2021 on suspicion of dangerous driving 。
Cause of action Lu'an Public Security Bureau Investigation ended, and the non indicted person Fan Moumou was suspected Dangerous driving crime It was transferred to Lu'an People's Procuratorate for examination and prosecution June 15, 2021 To be transferred to this court for examination and prosecution.
The Court has examined and found that:
At about 14:00 on April 9, 2021, when the respondent Fan Moumou was driving a Wann ******* car after drinking along the * * line in Yu'an District, Lu'an City from west to east to the intersection of * * km and * * road, he was found by the public security organ on the spot. After identification, Fan Moumou's blood alcohol content was 98.8mg/100ml. It belongs to drunken driving.
After the incident, Fan Moumou, the person who was not prosecuted, truthfully confessed the facts of the crime, voluntarily pleaded guilty and admitted punishment during the review and prosecution stage, and signed a written statement of confession and punishment.
The evidence for ascertaining the above facts is as follows:
1. Household registration information Arrival Documentary evidence;
2. Witness Zhang's testimony;
3. The defendant Fan Moumou's statement and defense;
4. The judicial expertise opinion of Anhui Gaocheng Judicial Expertise Institute;
5. Audio visual materials.
The Court believes that Fan Moumou, the person not prosecuted, 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 he truthfully confesses the facts of the crime after he arrives at the case, and the circumstances of the crime are minor. According to the provisions of Paragraph 3, Article 67 of the Criminal Law of the People's Republic of China, he should be identified as frank according to law, and can be given a lighter punishment; He/she voluntarily pleads guilty and pleads guilty to punishment in the stage of public prosecution, which can be treated leniently in accordance with the provisions of Article 15 of the Criminal Procedure Law of the People's Republic of China. According to Article 37 of the Criminal Law of the People's Republic of China, punishment may be exempted. On August 27, 2021, the Court held a public hearing on the proposed non prosecution. After deliberation, the participants agreed not to prosecute the case. 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 Fan.
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 Yu'an District, Lu'an City, Anhui Province
August 30, 2021
