Yang Ming was drunk and drove into a prisoner for 18 days. The official pointed out that the evidence was overwhelming and rejected the appeal. Yang was immediately imprisoned.

Artist Yang Ming drove his car on the Majixian Gorge Road on the top of the mountain the year before and crossed the double white line before colliding with it.

He pleaded guilty to two counts of careless driving and poorly lit windows, and was sentenced to 18 days in jail and suspended for two years.

He appealed the sentence earlier. His lawyer pointed out that there was no evidence that Yang had drunk alcohol in the case. He also said that "no one is at fault." He hoped that the court would give Yang another chance.

Judge Chen Zhongheng read out the ruling today (22nd) to dismiss Yang's appeal. The appeal was dismissed and Yang must be imprisoned for 18 days immediately.

Chen Guan pointed out in his judgment that the evidence for the crime of careless driving in the case was overwhelming, and Yang's repeated pleas and defenses showed that his remorse was only mediocre.

Chen Guan also pointed out that the magistrate of the original trial sentenced Yang to 18 days' imprisonment and a two-year license suspension. There was no principled error, and the sentence was not obviously excessive.

Yang will spend 3 holidays in prison

After learning the result, Yang remained calm. Today is the winter solstice, and together with Christmas and New Year's Day, Yang will spend time in prison.

In addition to his girlfriend Zhuang Siming, Zhuang Siming's sister, Zhuang Simin, also attended the court today.

The two also remained calm after learning the result.

Zhuang Siming and his sister originally wanted to enter the detention room on the sixth floor of the lower floor of the court to visit Yang, who had been detained, but they were refused entry because they were not lawyers. In the end, only one lawyer was able to enter.

The situation of Yang Ming and his girlfriend in court this morning.

(See the picture below for details)

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The judge believes that the past sentence of Yang Qing did not serve as a warning

Chen Guan pointed out in his sentence that the judge of the original trial pointed out that Yang obviously did not learn from past cases. In 2005, Yang was also fined 7,000 yuan and suspended for 12 months for drinking and driving. In 2007, he was convicted of " "Criminal damage" was sentenced to 150 hours of community service order, and was ordered to pay 3,580 yuan in compensation and 2,100 yuan in legal costs.

In addition, Yang had fixed penalty records for speeding and using a mobile phone while driving in 2005.

Chen Guan believes that obviously, the light sentences given to Yang by the court in the past, including the community service order, cannot effectively warn him that he can no longer drink and drive.

Past record not without risk of re-offending

Chen Guan also pointed out that the evidence for Yang’s crime of careless driving involved in this case is overwhelming. Yang’s repeated guilty pleas show that his remorse is mediocre. The evidence is not enough to convince the court to sentence Yang to probation.

Yang's past criminal and traffic conviction records also show that he is not without risk of recidivism.

In the end, it was decided to uphold the original judgment.

What happened.

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Guilty for refusing to provide a urine sample

The appellant, Lin Mingle (41 years old, Yang Ming's original name), was charged for a traffic accident that occurred on Majixian Gap Road on August 1, 2020. He pleaded guilty to two crimes of careless driving and insufficient light on the window glass, and refused to provide blood The sample was used for alcohol test and was acquitted after trial.

Plea overturned for careless driving

The incident happened in August 2020, and it has been more than two years since the trial, and there have been many twists and turns in the interrogation.

Yang denied the crime of refusing to provide a urine sample at the beginning, and had to be scheduled for trial. In the end, he was acquitted of the charges. Senior Counsel Ching Hung claimed that he had provided inappropriate legal advice to Yang, Yang immediately overturned his plea, and Yang was finally allowed to continue to be released on bail without repayment.

However, after the case was postponed for arraignment, after a legal debate, Yang finally pleaded guilty to the crime of careless driving. After watching the relevant video of the incident, the magistrate believed that the case was serious and sentenced Yang to 18 days in prison and had to suspend his license for 2 years. In 2009, the other offense was punished with a fine of 2,000 yuan.

Yang immediately asked for bail pending appeal, and was granted a bail of 100,000 yuan. Until today, the appeal failed, and he will eventually serve his sentence in prison

Yang Ming's process from pleading guilty to overturning the decision.

(See the picture below for details)

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Yang has a speeding and drunk driving record in the past

Yang also has previous convictions for speeding and drunk driving. He had convictions for drunk driving and criminal damage in 2005 and 2008 respectively. He was also fined for speeding and using a mobile phone while driving.

Highlights of Yang Ming's lawyer's statement.

(See the picture below for details)

When appealing to the court, he said: no one is at fault

Xu Shaoding, a senior counsel representing Yang Ming, said in his earlier submission that this appeal was against the crime of careless driving.

Xu pointed out that the original judge should focus on the charges Yang admitted when sentencing, and there is no evidence in the case that Yang Ming had taken alcohol or drugs.

Xu Chen also said in his speech: "No one is at fault." He also pointed out that Yang's previous criminal record was 15 years ago. He has grown up, and he hopes that the court will give Yang another chance.

Prosecutors described Yang as appearing to be driving without a driver

The prosecution responded that the evidence at the original trial showed that Yang had been under the influence of alcohol, including Yang's confession, and the police officers who were present also smelled of alcohol, and described Yang as "unmanned."

Case No.: HCMA544/2021

Yang Ming was suspected of being drunk and hit a prisoner. On the 18th, the lawyer pointed out who had nothing to do. He asked for a commutation of sentence. The officer adjourned the verdict in December. Immediately jailed for 18 days for careless driving Yang Ming is released on bail pending appeal Hu Da denounced: Is there any mistake? Yang Ming once pleaded guilty to careless driving and other crimes and must be remanded. Today, the plea is overturned and he is allowed to continue to be released on bail. It is against the principle to punish a drunk driver if he is not sober for the crime