Tianjin Court: Zhang Xiuwei was detained for 3 months for drunk driving, suspended for 3 months

Today, the Tianjin Heping District People's Court announced that Tianjin Quanjian U23 player and Chinese national youth midfielder Zhang Xiuwei was convicted of dangerous driving and sentenced to 3 months of detention, suspended for 3 months, and fined 8,000 yuan.

Attached is Zhang Xiuwei's first-instance criminal judgment:

Published: 2017-12-14

Tianjin Heping District People's Court

Criminal judgment

(2017) Tsu 0101 first 474

The Tianjin Heping District People's Procuratorate, the public prosecution organ.

Defendant Zhang Xiuwei (former name: Zhang Jixuan), male, born on March 13, 1996 in Chengdu, Sichuan Province, Han ethnicity, gao Chinese, football player of Tianjin Quanjian Football Club Co., Ltd., living in Heping District, Tianjin City, registered in Chenghua District, Chengdu City, Sichuan Province. He was criminally detained on August 16, 2017, released on guarantee pending further investigation on August 18, 2017, and released on guarantee pending further investigation by the Tianjin Heping District People's Procuratorate on October 26, 2017.

After applying the expedited criminal procedure in accordance with law, this court ascertained that at about 4:00 a.m. on August 15, 2017, defendant Zhang Xiuwei, after drinking alcohol, drove a white Carrera brand small car with a license plate number of Chuan A ×××××, and when he was driving near the intersection of Kunming Road and Yueyang Road in Heping District, Tianjin, he collided with six cars parked on the side of the road. After the masses called the police, the traffic police rushed to the scene and took the defendant Zhang Xiuwei, who remained at the scene and waited, to the public security organ. After the road traffic accident was determined, the defendant Zhang Xiuwei bore full responsibility for the accident, and the owner of the six vehicles did not bear the responsibility for the accident. After judicial appraisal, the ethanol component was detected in the blood of defendant Zhang Xiuwei, with a content of 189.3mg/100ml, which was in a drunken state. Defendant Zhang Xiuwei's motor vehicle driver's license has now been revoked in accordance with law. After the incident, the relatives of defendant Zhang Xiuwei have compensated the owners of the six cars for all economic losses and obtained forgiveness. Defendant Zhang Xiuwei truthfully confessed his crime after arriving at the case, and voluntarily signed an affidavit admitting guilt and accepting punishment in the presence of the duty lawyer.

The above facts, defendant Zhang Xiuwei had no objection during the trial, and there was an affidavit of guilt and acceptance of punishment signed by defendant Zhang Xiuwei, the testimony of witnesses Shang X, Feng X, Ma X, Cheng X, Zhang X 1, Zhou X, Zhang X2, Qin X, 110 police receipts, the source of the case, the seizure process, the case experience, the breath alcohol test results, the Tianjin Jinshi Judicial Appraisal Center Zhang Xiuwei blood ethanol content appraisal opinion, the road traffic accident scene map, the traffic accident inquest photo, the vehicle photo, the road traffic accident certificate, Evidence such as the administrative punishment decision, the certificate of administrative compulsory measures, the inquiry of motor vehicle and driver information, the inquiry of driver's license information, the copy of the driver's license of the motor vehicle, the explanation of the public security organ, the situation statement of Tianjin Quanjian Football Club Co., Ltd. and the report on the incident situation, the basic information of the permanent population, the telephone inquiry record, the ccic inquiry record, the letter of understanding and other evidence is sufficient to confirm.

This court held that the facts of the indictment [2017] No. 506 of the Jinhe Procuratorial Public Prosecution [2017] of the public prosecution organ accusing defendant Zhang Xiuwei of committing the crime of dangerous driving were clear, the evidence was sufficient, and the charges were established. Defendant Zhang Xiuwei, who drives a motor vehicle drunk, causes a traffic accident and bears full responsibility for the accident, shall be given a heavier punishment in accordance with law; he shall be given a heavier punishment in accordance with law; if he waits at the scene knowing that others have reported the crime, has no act of resistance when he is arrested, truthfully confesses the facts of the crime, and has the circumstances of voluntary surrender, he may be given a lighter punishment in accordance with law; he may be given a lighter punishment in accordance with law; he shall actively compensate for the economic losses of the damaged vehicle and obtain forgiveness, voluntarily admit guilt and accept punishment, be a first-time offender, and may be given a lighter punishment as appropriate. The sentencing recommendation of the public prosecution organ to sentence him to three months' detention, suspended for three months, and a fine to him complied with the provisions of the law, and this court adopted it. Accordingly, on the basis of the facts of the defendant's crime, the nature and circumstances of the crime, and the degree of harm to society, in accordance with article 133-1, paragraph (2), article 67, paragraph 1, article 72, paragraph 1, and paragraph 3 of the Criminal Law of the People's Republic of China, article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of law in Handling Voluntary Surrender and Meritorious Service, and several issues concerning the application of law in the handling of criminal cases of drunk driving of motor vehicles, Articles 1 and 2 (1) stipulate that the judgment is as follows:

Defendant Zhang Xiuwei was convicted of dangerous driving and sentenced to three months' detention, suspended for three months, and fined RMB8,000.

(The probation period for probation is calculated from the date on which the judgment is determined.) The fine has been paid. ）

If you are not satisfied with this judgment, you may appeal through this court or directly to the Tianjin No. 1 Intermediate People's Court within 10 days from the second day of receiving this judgment. Where an appeal is made in writing, an original copy and a copy of the appeal shall be submitted.

Acting Judge Pan Yuliang

November 30, 2017

Secretary Wu Xiangru

Attached: The specific provisions of the law on which this judgment document is based

Criminal Law of the People's Republic of China

Whoever, in any of the following circumstances, drives a motor vehicle on the road in the first paragraph of Article 133-1 shall be sentenced to criminal detention and shall also be fined:

(2) Driving a motor vehicle while intoxicated;

Those who voluntarily surrender after committing a crime in the first paragraph of article 67 and truthfully confess their crime are voluntarily surrendering. For criminals who surrender voluntarily, the punishment may be mitigated or mitigated.

The first paragraph of article 72 may be given a suspended sentence for criminals sentenced to short-term detention or fixed-term imprisonment of not more than three years, and a suspended sentence shall be pronounced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:

(1) The circumstances of the crime are relatively minor;

(2) Shown remorse;

(3) There is no risk of re-offending;

(4) Declare that the probation has no major adverse impact on the community in which it resides.

If a criminal whose sentence has been suspended in paragraph 3 is sentenced to an additional sentence, the additional sentence must still be enforced.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in Handling Voluntary Surrender and Meritorious Service

Article 1: According to the first paragraph of criminal law article 67, those who voluntarily surrender after committing a crime and truthfully confess their crime are voluntarily surrendering.

(1) Voluntary surrender refers to voluntarily and directly surrendering to the public security organs, people's procuratorates, or people's courts when the facts of the crime or the criminal suspect have not been discovered by the judicial organs, or although they have been discovered, but the criminal suspect has not yet been interrogated or compulsory measures have been taken.

Where a criminal suspect surrenders to his or her unit, urban and rural grassroots organizations, or other relevant responsible personnel; the criminal suspect entrusts another person to surrender on his behalf first, or first by letter or telecommunications, due to illness or injury or in order to mitigate the consequences of the crime; the crime has not yet been discovered by the judicial organs, but only because of his suspicious appearance, after being interrogated and educated by the relevant organization or judicial organ, he voluntarily confesses his crime; he escapes after committing a crime, and voluntarily surrenders in the process of being wanted or pursued; after investigation, he is really ready to surrender, or is on the way to surrender, Those caught by the public security organs shall be deemed to have voluntarily surrendered.

It is not out of the criminal suspect's initiative, but through the advice of relatives and friends, or accompanied by the surrender; where the public security organ notifies the criminal suspect's relatives or friends, or after the relatives and friends take the initiative to report the case, send the criminal suspect to surrender, it shall also be regarded as an automatic surrender.

Where a criminal suspect voluntarily surrenders and then escapes, it cannot be deemed to be voluntary surrender.

(2) Truthfully confessing one's own crime refers to the criminal suspect voluntarily surrendering and truthfully confessing his or her main criminal facts.

Where a criminal suspect who has committed several crimes only truthfully confesses some of the crimes committed, only the conduct of truthfully confessing some of the crimes is deemed to be voluntary surrender.

In a joint crime case, in addition to truthfully confessing his or her own crime, a criminal suspect shall also confess to a co-offender he knows, and the principal offender shall confess the facts of the joint crime of other co-offenders he knows, so that he or she may voluntarily surrender.

Where a criminal suspect voluntarily surrenders and truthfully confesses his crime and then retracts his confession, it cannot be found to be voluntary surrender; but where he is able to truthfully confess before the first-instance judgment, it shall be found to be voluntary surrender.

Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Law in handling Criminal Cases of Drunk Driving Motor Vehicles

Article 1: Driving a motor vehicle on a road with a blood alcohol content of 80 mg/100 ml or more is considered to be driving a motor vehicle drunk and is convicted and punished for the crime of dangerous driving in accordance with the provisions of the first paragraph of article 133-1 of the Criminal Law.

The relevant provisions of the Road Traffic Safety Law shall apply to the "roads" and "motor vehicles" provided for in the preceding paragraph.

Article 2: Whoever drives a motor vehicle drunk in any of the following circumstances shall be given a heavier punishment in accordance with the provisions of the first paragraph of article 133-1 of the Criminal Law:

(1) Causing a traffic accident and bearing full or main responsibility for the accident, or fleeing after causing a traffic accident, and has not yet constituted another crime.