Drunk driving committed dangerous driving after graduation.
According to the case, at about 22 o'clock on July 18, 2020, the defendant Xiaoyu drank beer with friends at a barbecue stall near her home to celebrate the completion of her studies with friends. After that, he went home on a two-wheeled motorcycle in driving without a license, and was caught by public security personnel when driving to the community. After inspection, the defendant Xiaoyu's blood alcohol content was 147.6 mg/ 100 ml when he was seized, which belonged to drunk driving.
It is understood that Xiaoyu just turned 18 years old and graduated from high school in 2020. During my school days, my personality and study were excellent, and I didn't violate the rules and regulations of the school. In June 2020, I graduated with honors and was admitted to two famous universities in Canada.
The reporter of New Express learned from Panyu District Court that Xiaoyu said "this". "By studying the national laws and policies carefully, I realized my mistakes and regrets, and I have an unforgettable legal rule. I should strengthen self-discipline, strengthen my responsibilities, raise my awareness of the legal concept, strictly abide by laws and regulations, and serve the motherland before going to society."
The Panyu District Court stated that the defendant Xiao Yu's crime was minor and showed profound repentance. First, on the day of the incident, Xiaoyu rode a short distance after drinking. Secondly, driving late at night, the road traffic flow is not large, the social harm is small, and the crime is minor; Finally, the defendant Xiao Yu voluntarily pleaded guilty, truthfully confessed the crime after the trial, and voluntarily signed the confession. Xiaoyu was only 18 years old when she committed the crime, and she has been doing very well. At school, Xiaoyu is cheerful, excellent in study, respects teachers, attaches importance to education, treats others with generosity and studies hard. He never violates the rules and regulations of the school. He graduated with honors and was admitted to an internationally renowned university.
Finally, the court ruled that the defendant Xiaoyu was guilty of dangerous driving and was exempted from criminal punishment.
The judge said: education first, punishment second.
Zhang Ying, the judge in charge of the case in Panyu District Court, said that Xiaoyu ignored national laws and driving without a license motor vehicles. Her behavior constitutes a crime of dangerous driving and may be punished by "detention and fine".
However, the defendant Xiaoyu committed a minor crime and just reached 18 years old at the time of committing the crime. His thoughts are still immature, and his ability to control his behavior is not enough. He committed the crime out of a bad idea, lucky psychology and deep repentance after committing the crime. He just graduated from high school and was admitted to two famous universities in Canada. If you are punished, according to the entry and exit requirements and school management, you may lose your learning opportunities.
According to the criminal justice policy of combining leniency with severity and the principle of "education first, punishment second", the defendant's faith and exemption from Yu Xiaoyu can make him turn over a new leaf, continue to complete his studies, and then grow into a useful material for the country and society. In addition, there are precedents in judicial practice to exempt students from criminal punishment for minor crimes.
Therefore, according to the specific circumstances of this case, the court found that the defendant Xiao Yu was a first-time offender, with minor criminal circumstances, less social harm, slight subjective malignancy, strong reform ability and sincere repentance. After discussion by the Judicial Committee, the court decided to exempt him from criminal punishment.