Yang Ming suspected drunk driving and crashed and then admitted accidentally driving, said he was pressured to be sentenced to a non-custodial penalty

Entertainer Yang Ming last year was suspected of driving while drunk and crashed on Majixian Gorge Road on the top of the mountain. Although the magistrate ruled that he was not guilty of failing to provide breath samples, Yang pleaded guilty to accidentally driving, but asked Yang Xianhuan to request a report. , Yang demanded to withdraw his earlier decision to plead guilty.

The Department of Justice requested a review in response to this dissatisfaction. The case was decided in the Eastern District Court today (21st). Magistrate Tang Shao-hsiung rejected the prosecution's application for review and approved Yang Ming to re-defend.

The case was adjourned for more than an hour before the trial was held. Yang pleaded guilty to accidentally driving again. His lawyer pleaded for him, saying that Yang was under great pressure during the incident and it also affected his work. The lawyer said he was "daring" to ask the court for a judgment. Yang Fei imprisonment punishment.

Official Deng adjourned the case until November 4th and sentenced.

Yang Zhun was released on bail of HK$5,000 awaiting hearing. During this period, he was not allowed to leave Hong Kong. He lives at the reported address and reports to the police station every Wednesday.

Yang replied with a solemn expression

Defendant Lin Mingle (39 years old, Yang Ming’s original name, hereinafter referred to as: Yang) was charged in a traffic accident on Majixian Gap Road on August 1, 2020. Yang denied the crime of refusing to provide blood samples for alcohol testing, but admitted being careless. 3 counts of driving, and lack of luminosity of the window glass.

When the case was sentenced on April 14 this year, when the magistrate stated that Yang was to be remanded, Qing Hongtu, a senior attorney representing Yang at the time, said that he had provided Yang with inappropriate legal advice and demanded to overturn Yang Yuan’s guilty plea and was judged. Official accepted.

Yang Ming replied at 12:30 and pleaded guilty again to two crimes of careless driving and insufficient luminosity of the window glass. He looked solemn when he heard the case.

Yang's girlfriend Zhuang Siming also sobbed and shook hands in the court.

Yang Ming pleaded guilty to accidentally driving again, and after being released on bail awaiting sentencing, he left the court with his girlfriend.

(Photo by Liu Anqi)

Yang climbed out of the car window after hitting a rock

The case alleged that the defendant suddenly turned to the opposite line when approaching a lamp post at 11:58 p.m. on the day before the incident while driving a private car on Maguisian Gap Road, crossing the double white line, and then the vehicle rolled down the ramp About 20 meters, until it hit a traffic sign and a stone boo.

After the incident, an Englishman drove past and called Yang Fu, who climbed out of the car window, to the pavement and called the police.

The glass on the car is pasted with colored film

At 1 am the next day, police officers on the scene found that the metal pillar, traffic sign and stone wall on the right front of the vehicle driven by the defendant were all damaged. Part of the process was captured by the video recorder in the vehicle and the nearby closed-circuit television.

The defendant admitted to being the driver of the vehicle involved and no one was injured in the incident.

The vehicle was then sent to the automobile inspection center for inspection, and it was found that except for the two front and rear windshields, all the other glasses were pasted with colored film, which reduced the safety of the glass's light transmittance.

Pleaded for Yang You to accompany his father to follow up the doctor and do his filial piety

The defense later pleaded that Yang was born in the grassroots and his father had undergone heart surgery. He has been accompanying his father for follow-up consultations, fulfilling his filial piety and supporting his family.

In addition, this case has a great impact on Yang's work, and his personal image has been affected to a certain extent. He has now deeply reflected on how to deal with himself in the future.

The Women's Association has written a plea

The defense emphasized that everyone has their own background and experience. The consequences of making mistakes are the deepest lesson. Yang's past criminal record is 15 years ago, so he hopes that the court will consider his past acts of kindness when sentencing. , Referring to many charitable organizations, including the Women’s Association, wrote letters of plea for the defendants.

Under great pressure and bravely seeking non-custodial punishment

The defense also stated that the case occurred in the early hours of the morning, the driving traffic was not busy, and no one was injured in the incident. Yang is also willing to pay full compensation for the incident, but is still in the process of discussing with the Lands Administration Office.

In addition, the media's reporting of the case put great pressure on Yang, but "He insisted on admitting that he was wrong." Therefore, he "daredly" hoped that the court could impose a non-custodial sentence or consider a suspended sentence.

Yang was truly unconscious at the time

At the time of the ruling, Guan Deng stated that the crime of refusing to provide blood samples for an alcohol test, who was found guilty after interrogation earlier, was based on the testimony of two police officers and a doctor. Yang was truly unconscious at the time. There was a chance and therefore failed to respond to the police's request.

Therefore, Guan Deng believed that Yang had no criminal intent, and the prosecution failed to prove his guilt without reasonable doubt, and finally decided to uphold the original sentence.

Yang has made it clear that the re-confession discussion has no substantive significance

As for the crime of careless driving that the defendant intends to overturn the plea, Guan Deng said that because the defendant had stated that he would re-admit the charge, the prosecution still insisted on the review, which has become an academic discussion topic and has no real meaning.

The Senior Counsel Qinghong, who represented Yang earlier, has admitted to making a mistake and has induced Yang to plead guilty. If he does not approve Yang to re-defend, "justice cannot be manifested."

What happened.

(See the picture below for details)

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Police officers can ask doctors to take blood samples

Official Deng continued that "inviting yourself to be drunk" is not an excuse for evading guilt, otherwise you will become "the more you get drunk, the more you can evade responsibility," contrary to the original intent of the legislation.

The common law mentions the "principle that the defendant shall not incriminate himself", and blood drawing is an intrusive collection of evidence, and forcible intrusion violates common law principles.

However, according to Article 39C of the Road Traffic Ordinance, if the defendant may not be able to effectively agree to take a blood sample, police officers can also request a doctor to take a blood sample from someone, which can strike a balance with the principle of "the defendant shall not incriminate himself." To bring the drunk to justice.

In the end, Deng said to himself that the incident was viewed with "after-the-fact". The police did not invoke Article 39C of the Road Traffic Ordinance to test the defendant's blood, otherwise the problem would be resolved early.

Case Number: ESCC2365/2020

Yang Ming's process from confession to overthrow of the decision.

(See the picture below for details)

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The prosecutor in the Yang Ming collision case charges the drunk driving person to be punished. If he is not sober, he can be exempted from responsibility. It is against the principle. Plea overturned today and allowed to continue bail

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