Source: Nanjing Intermediate People's Court
"Drinking without driving, driving without drinking", "The driver has a drop of wine, relatives have two lines of tears"... These slogans may have long been familiar to everyone, and not driving after drinking has gradually become a social consensus.
But as a car owner, he did not drink and drive, and he was also punished by the law for constituting dangerous driving.
01 Knowing that a friend is drinking alcohol, he still gives the car to him to drive
On the evening of May 15, 2020, Qi Mou, who had just finished dinner with friends, was preparing to drive home. Before getting into the car, Qi knew that his friend Bai was drunk and still handed over his car to him to drive.
The two of them took the car together from the hotel, and when they drove to the vicinity of the Qingliangshan Passage, they were seized by the police on duty.
After testing, ethanol components were detected in Bai's blood, and the ethanol content was 212.7mg/100ml, which exceeded the standard of driving a motor vehicle drunk.
After the incident, Qi took the initiative to go to the public security organ to accept the investigation after being summoned by the police by telephone, and truthfully confessed the above facts. The procuratorial organs prosecuted Qi and Bai on suspicion of dangerous driving in accordance with law.
02 The court held after trial
The facts of the public prosecution organ's accusation that defendant Qi X and others jointly committed the crime of dangerous driving are clear, the evidence is credible and sufficient, the charges are established, and the sentencing recommendation is appropriate and accepted. The defender submits a defense opinion that Qi surrendered voluntarily, admitted guilt and accepted punishment, and requested a lighter punishment, and adopted it.
The facts of the public prosecution organ's accusation that defendant Bai had jointly committed the crime of dangerous driving with others are clear, the evidence is credible and sufficient, the charges are established, and the sentencing recommendation is appropriate and accepted.
Court judgment
Defendant Qi X committed the crime of dangerous driving and was sentenced to two months' detention and fined RMB 5,000; defendant Bai X was sentenced to two months and fifteen days of detention for the crime of dangerous driving, with a fine of RMB 6,000.
03 Judge's statement
Judge: Wang Yan
The offence of dangerous driving is generally the person who drives a motor vehicle, but in certain circumstances, a non-driver can also constitute the offence of dangerous driving. Knowing that the other person is drunk, he still gives his motor vehicle to him to drive, and the two constitute an accomplice to the crime of dangerous driving. The common person is not easy to recognize the joint crime, so the case has a warning effect.
Source: Nanjing Gulou District People's Court