Really "secondary drinking"?The prosecutor noticed a detail ... ｜ 9:30 tonight

Criminal suspects are argued that they are "secondary drinking" at home

Only can the alcohol content in the blood exceed the standard

Prosecutors were found to have clues after investigation

Native

"Zhang Jun, who said the wine you drank at Yan Kai's house poured you?" "It was Yan Kai poured me." "Yan Kai, in your home, have you poured wine for Zhang Jun?" "I don't." "The confession of the defendant Yan Kai and Yan Kai's wife Fang Hui's testimony confirmed that Zhang Jun did not drink in Yankai's house. At the same time, Zhang Jun's multiple confession was inconsistent." On July 19, Jiangsu, Jiangsu The defendant Zhang Jun and Yan Kai's dangerous driving case of the defendants of the Zhonglou District Procuratorate of Changzhou City opened a trial.

In the court's prosecution, the prosecutor of the hospital Wang Shu played the monitoring video of two defendants drinking in the hotel and read the witness testimony. In front of a lot of evidence, Zhang Jun lowered his head and silent.

On August 19, the court sentenced Zhang Jun to Zhang Jun for two months for dangerous driving, and fined 2,000 yuan. Yan Kai was detained for two months, suspended four months, and fined 2,000 yuan.

After they went home, did they drink again

On September 11, 2021, Yan Kai and Zhang Jun met at the restaurant. Although Yan Kai drove, both of them drank. After drinking, they were lucky and decided to take turns to drive the car back to the community where Yan Kai lived.

However, when Yan Kai was driving in the community, he accidentally collided into the car parked by Xu, causing the vehicle to be damaged. When the two saw no one around, they quickly left the accident scene. After Xu found that his car was stunned, he called 110 to report to the police. After the Clock Tower Brigade of the Traffic Police Detachment of the Changzhou Public Security Bureau went to the police, through on -site investigation, the perpetrator Yan Kai was locked and asked Yan Kai and Zhang Jun at Yan Kai's house. Yan Kai and Zhang Jun both claimed that they had just drank at home.

After testing, the alcohol content in Yan Kai's blood was 172.8mg/100ml, and the alcohol content in Zhang Jun's blood was 89.1mg/100ml. This means that the two of them drunk were suspected of dangerous driving.

On September 17, 2021, the branch of the Changzhou Public Security Bureau was investigated on Yan Kai and Zhang Jun's suspicion of dangerous driving. When the public security officers questioned Yan Kai and Zhang Jun, the two did not deny the drinking at the restaurant, but claimed that they drank again after returning home, so the alcohol content in the blood would be so high.

Prior to the end of the case investigation, Yan Kai confessed to the case handler that he and Zhang Jun did not drink alcohol after returning to his house. The previous confession was false, but Zhang Jun insisted on the defense of "secondary drinking". The Changzhou Public Security Bureau directly affiliated the branch that Zhang Jun said so to avoid the law of law, and then transferred the case to the procuratorial organs for review and prosecution.

"Second Drinking" defense does not break self -breaking

Zhang Jun argued that there was a "second drinking" situation and refused to plead guilty, and "secondary drinking" was vital to whether the alcohol content in the blood in the blood of the drunk driving actor was crucial. Essence Did Yan Kai and Zhang Jun drink again after returning home? Is it true that they started to justify what they said "secondary drinking" to lead to exceeding the standard in the blood? Are there any other evidence confirmed?

To this end, Wang Shu, the prosecutor of the Zhonglou District Procuratorate, took the surveillance video along the hotel where the hotel lived in Yankai, and found that Yan Kai and Zhang Jun drank a lot of homemade rice wine and beer at the hotel. Zhang Jun drove the car. On the way, he drove the car to the gas station and added oil, and then handed the car to Yan Kai to drive.

No breakthrough, Wang Shu retrieved the video in the traffic police law enforcement recorder. A frame of frame repeatedly viewed the picture taken by the law enforcement recorder at the scene and found the clue: there is no bottle in the living room. The living room of Yan Kai's family does not exceed 10 square meters, and there is no blind spot in the video of the law enforcement recorder. If it is true that Zhang Jun said in Yankai's house, where is the bottle? In addition, the only witness witnesses and Yan Kai's wife, Fang Hui, in the three inquiry transcripts formed by the Clock Tower Brigade of the Traffic Police Detachment of the Changzhou Public Security Bureau, to whether Yan Kai and Zhang Jun drank that night, and there was no bottle in the living room. Answer ambiguous and inconsistent.

Fang Hui is the key witness of the case. Wang Shu decided to supplement the investigation by himself and review her testimony. After the interpretation of the prosecutor, Fang Hui acknowledged that he was lied before. "Prosecutor, they didn't drink at home that day. Zhang Jun asked me to help him and my dealer prove that they were drinking in my house."

At the same time, according to the guidance of the procuratorial organs, the public security personnel started questioning with Yan Kai as a breakthrough. "According to the law, it is better to confess the fact that the facts of the crime will not be able to be confessed, nor can they be punished by lightly. Do you think clearly?" In this way, the person handling the case did not have the legal crime. And he also found my wife and asked her to help us to drink drinking at home. "Finally, Yan Kai explained that he and Zhang Jun skewed the case and expressed their willingness to be willing Confused guilt. On May 12 this year, the Procuratorate of Zhonglou District filed a public prosecution of Zhang Jun and Yan Kai for suspected dangerous driving.

It is determined that "secondary drinking" needs to pay attention to collecting on -site evidence

"Drunk driving has been in punishment for many years, but many people still take risks with luck, and try to use the" second drinking "justified by the scene that they have not been arrested at the scene to deny that they are drunk when they are driving a motor vehicle to escape to avoid The law is investigated. "Wang Shu said that this case is a typical case. The difficulty of such cases is how to exclude the" secondary drinking "proposed by the actor through other evidence. In response to this new situation and new situation in the drunk driving case, the Zhonglou District Procuratorate jointly organized the training of the same hall and conducted a discussion and exchange on the "second drinking" special topic. consensus.

Prosecutors and public security police officers business cases

Zhu Danping, deputy captain of the Chomin Team of the Traffic Police Division of the Changzhou Public Security Bureau, believes that it is important to handle the on -site investigation of such cases and focus on collecting evidence. "Like in this case, Yan Kai and Zhang Junsheng said that we had drinking at home, and we should find relevant evidence for the first time. The on -site environment must also be surveyed and the police should be recorded clearly when handling the case."

"In order to effectively crack down on such cases, we and the public security organs have improved the mechanism of investigating the case of dangerous driving cases, comprehensively analyzing the situation of drinking before and after driving, and the intention of evading laws. The behavior of strengthening the investigation and self -replenishment of the investigation and self -replenishment, and jointly studied and formulated the guidelines for investigating the evidence collection of such cases with the public security organs, and the person who tried to borrow the "secondary drinking 'crime was severely punished by law." The Procuratorate of the Zhonglou District Procuratorate Huang Wei, director of the first procuratorial department, said.

(The defendants in the article are pseudonym)

(Procuratorate Wang Qing)

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