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 was dissatisfied with this and asked for a review. 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. Pleaded guilty to careless driving.
Defendant Lin Mingle (39 years old, Yang Ming’s original name) 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 to driving carelessly and car windows. Insufficient glass luminosity, etc. 3 counts.
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 Mingjin was accompanied by his girlfriend to the court.
(Photo by Liu Anqi)
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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