People's Procuratorate of Tianchang City, Anhui Province
Non prosecution decision
TJXBS [2022] No. 53
Non indictee Xu XX , male, 19 sixty-eight year ** month ** Born on, People from Sihong County, Jiangsu Province, Citizen ID No 3213241968******** ， Junior high school culture ， Migrant workers, live Sihong County, Jiangsu Province ** town ** village ** group **No 。 Non indictee Xu XX On suspicion dangerous driving Guilty, on 202 two year three month four He was granted a guarantor pending trial by the Tianchang Public Security Bureau on March 1.
Cause of action Tianchang Public Security Bureau The investigation ended, so that the person not prosecuted was suspected Dangerous driving crime , on June 6, 2022 To be transferred to this court for examination and prosecution.
The Court has examined and found that:
At 0:45 on January 28, 2022, the respondent Xu XX drove a SuNX * * * * small car after drinking along the Tianchang * * line from south to north, stopped at the * * section, and was later seized by the police on duty.
After the case was committed, Anhui Tianhui Judicial Identification Institute identified that the blood alcohol content of the non indicted Xu was 94.8mg/100ml, which belonged to drunk driving motor vehicles.
On January 29, 2022, the non indicted person Xu XX took the initiative to accept the investigation and truthfully confessed his criminal facts.
The evidence for ascertaining the above facts is as follows:
1. Documentary evidence: case acceptance registration form, household registration certificate, inquiry record, description of case arrival, etc;
2. The confession and defense of the person not prosecuted: the confession and defense of the person not prosecuted Xu;
3. Expert opinion: judicial expert opinion on blood alcohol content;
4. Inspection and other records: records of on-site inspection seized.
The Court believes that the non indicted person Xu 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 such circumstances as voluntary surrender, confession of guilt and punishment. According to the provisions of Article 317 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 Xu.
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 Tianchang City, Anhui Province
June 2022 thirteen day
