Trucks were identified by the traffic police put the flop buckle 12 points, the driver: I am not satisfied, the factory is so2017-09-15 18:42:51 491 ℃
In September 2nd, Luo Qinchang hope to express mail a letter to the court, opened it was dumbfounded: the Court confirmed the decision made by the traffic police brigade peace program illegal punishment book, but not to revoke the administrative penalty.
April 18, 2017, Luo Qinchang driving truck was quiet traffic police brigade that installed an electronic rollover license, in accordance with the provisions of the suspension of motor vehicle license, driver's license deduction of 12 points, a fine of 200 yuan penalty.
The driver's one-time deduction of 12 points means the cancellation of the driver's license, the cancellation of the highest driving permit, and Luo Qinchang's unemployment.
"Factory is like this, never converted any one, the traffic police, the court how do I have installed a license plate rollover device?"" Luo Qinchang was very dissatisfied.
Press time (micro signal: btime007) survey found that Luo Qinchang's car is Auman without modification, the original design of vehicle license plate frame. Auman customer service customer service staff also responded, vehicle design does not exist defects.
Beijing Ze Yong law office director Wang Yongjie said: Lanzhou traffic police brigade, peace Lanzhou Railway Transportation Court finds that the facts, use the law clearly wrong. One is the design of such cars, so there is no driver deliberately installed over two, Lanzhou railway police court to confirm illegal administrative acts, but not to cancel the administrative behavior, has seriously affected the driver to make a living.
Luo Qinchang (pictured above) plate frame design of the car and car like Auman 4S store. Graph / Li Yingqiang
Unemployed! Driver's license was deducted 12 points
Luo Qinchang, Henan's big truck driver, is out of work.
In April 18, 2017, driving Henan R47691 semi trailer to Gansu Lanzhou delivery in North Riverside street parking waiting for the owner when receiving goods, by the Lanzhou Traffic Police Brigade police investigation of illegal parking in peace.
When the traffic police ordered the car to leave, they found signs of loosening in front of the vehicle.
Luo Qinchang said, the traffic police paid a lot of effort, the license plate frame pulled open a 10 cm wide seam, with the law enforcement recorder shot and shot.
After that, Luo Qinchang was told that the car installed electronic flop, to "do not comply with the provisions of the installation of motor vehicle number plate" buckle 12 points, fined 200 yuan.
Luo Qinchang hurriedly explained that the vehicle factory is like this, the license box inside is a traction hook device, there is no installation of what flop, however, the traffic police and failed to listen to explain, or out of a ticket.
Get a ticket, lose the driving qualification of Luo Qinchang, may have been from his hometown Henan Xixia county to find the driver, will unload goods vehicles drive home.
Luo Qinchang could not understand how, "even what electronic flip card do not know how it was identified with this unwarranted police."
To this end, he specifically went to Auman car 4S shop, find the same car comparison, found the same car.
Luo Qinchang to the Lanzhou Police Brigade committed to peace for an argument, then, to the Lanzhou traffic police detachment to apply for administrative reconsideration. Apply for revocation of the peace Brigade made 6201051010667221 "public security traffic management summary procedure penalty decision"; elimination of networking records, the return of driver's license; the responsible person responsible for the fault.
Lanzhou traffic police detachment trial found: the peace brigade Luo Qinchang made "not in accordance with the provisions of the installation of motor vehicle number plate" of the penalty decision, the facts are clear, the evidence is conclusive, so to make a decision to maintain punishment.
Luo Qinchang had to file a lawsuit with the Lanzhou railway transport court, requesting the decision to revoke the decision of administrative reconsideration of the two defendant units and the penalty decision of the simplified procedure for public security traffic management.
The court finds that the penalty decision is illegal. Graph / Li Yingqiang
Court: the administrative act is illegal and not revoked
Court of first instance, the plaintiff Luo Qinchang believes that the defendant peace Brigade made a record 12 points, fined 200 yuan penalty, the use of simple punishment procedures, and the supreme authorities specific provisions contrary.
According to the bus duct (2013) No. 126 "on the standard for motor vehicle driving license downgrade canceled operations guidance" to regulate law enforcement procedures: "processing of large and medium-sized passenger car and internship driver recorded 12 traffic violations points to a general procedure for.
The provisions of the "administrative punishment law": administrative authorities ordered to cease making, revocation of a permit or license, the larger the amount of fines and other administrative penalties decided before, it shall inform the parties have the right to request a hearing.
Court decision: to confirm the defendant's peace Brigade made the number 6201051010667221 summary procedure penalty decision, illegal, the defendant Lanzhou traffic police detachment made public bus line re 04, administrative reconsideration decision is illegal.
In addition, the defendant said in court, the plaintiff did not drive the vehicle according to the requirements to install the license plate, but the electronic automatic flip plate installation (commonly known as flop device), the behavior of the implementation of the illegal behavior is not required to install the license plate.
Luo Qinchang argued that this is the defendant's wrong subjective assumptions, the vehicle does not exist to install the flop, said, the new car factory is so.
But in the end, the court did not cancel the punishment decision.
Lanzhou Railway Transportation Court (2017) for the 7101 Gan No. 404 administrative verdict, the plaintiff Luo Qinchang driving Henan R47691 heavy truck, the installation of electronic automatic turning plate of the illegal facts are clear, the evidence is sufficient, the punishment is appropriate.
The defendant of administrative behavior is a minor procedural illegal, but did not violate the legitimate rights and interests of the entity, on the basis of the "administrative litigation law" seventy-fourth paragraph (two) "the administrative procedure of minor offenders, but does not have a real impact on the rights of the plaintiff." Confirm the defendant's peaceful brigade administrative act illegal, Lanzhou traffic police detachment reconsideration decision is illegal, but not cancelled.
Luo Qinchang said, "then read the verdict, want to cry without tears.". Looking at the case, confirming that the two defendants were against the law, I seemed to have won the case, but in fact I lost, and the court did not support my claim."
Manufacturer: vehicle design meets specifications
Recently, the news (micro signal: btime007) survey found that more than Auman 4S shop car design, is a movable plate, which includes a trailer towing device, when the vehicle broke down when they open the trailer.
There are also traffic police believe that the license plate can be turned over, obviously there is a design problem.
Auman customer service customer service staff responded that the vehicle configuration is certainly no problem, otherwise wouldn't be offline sales, have not heard before the police vehicles were punished for turning device.
Prior to the implementation of whether the issue of punishment, for the same design license plate's Auman car in September 13th, peaceful traffic police said that the punishment according to the law, however, this was the first time, no previous case.
Beijing Ze Yong director of law firm Wang Yongjie lawyers believe that in this case, the peace brigade, Lanzhou Railway Transportation Court identified the existing facts, use the law clearly wrong.
First, the driver was driving the vehicle number plate frame itself, the factory is such a design, there is no driver deliberately installed flop behavior.
Second, the Lanzhou railway court according to the administrative procedure law article seventy-fourth second administrative procedures, minor illegal, but does not have a real impact on the power of the court verdict can be confirmed illegal, but not the cancellation of administrative act. This is also to be of the wrong facts wrong, because the law, peace brigade of the driver made a fine of 200 yuan penalty of 12 points, obviously the penalty punishment, has had a serious impact on the life of the driver, causing him to drive for a living.
Wang Yongjie believes that the accused should resolve the legal mistakes in the first instance by appealing.
Luo Qinchang said, "the appeal has been mailed and we expect a fair and just verdict in the second trial."."
Beijing time reporter / Li Yingqiang
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