Drunk driving motorcycles, should you revoke a car driver's license?

After the drunk driving motorcycle is injured by criminal responsibility, can the small car driving license hold? A few days ago, the Supreme People's Procuratorate released the thirty -sixth batch of guidance cases, which was listed as the first drunk driving case, which was listed as the first instructive case.

"This is because in judicial practice, the objects of the implementation of such cases involve a wide range of objects. How to accurately understand and enforce laws and regulations is closely related to the vital interests of the parties. The scale is conducive to condensing consensus and the public awareness of the public, and improving the effectiveness of social governance. "Wu Shidong, director of the Seventh Procuratorate of the Fujian Provincial Procuratorate, said.

Unlicensed drunk driving unlicensed motorcycle

Three punishments of disputes

On the evening of May 1, 2013, Lu Mou drove a two -wheeled two -wheeled motorcycle in the aftermath and injured a roadside pedestrian (the injury constituted a minor injury). It was identified that the alcohol content in Lu's blood was 255mg/100ml, which has reached the drunk driving standard. After the traffic accident identification of the Xiamen Traffic Police Detachment, Lu Mou was responsible for all the accidents. According to Article 99 of the Traffic Police Department of the District of the People's Republic of China, the traffic police department under the jurisdiction shall impose a fine of 300 yuan for Lu Mou's unlicensed driving motorcycle. The courts in the district sentenced the defendant Lu for three months for dangerous driving and fined 3,000 yuan. At the same time, Xiamen Traffic Police Detachment also made an administrative penalty decision to revoke the motor vehicle driving license. "According to Article 91, paragraph 2 of the" Road Traffic Safety Law of the People's Republic of China ", those who are drunk driving motor vehicles will revoke the motor vehicle driver's license and investigate criminal responsibility in accordance with the law ..." The Municipal Traffic Police Detachment said that they had to Lu Mou's The penalty decision is well -founded according to law.

Lu Mou did not accept the penalty decision, and filed an administrative lawsuit to the district court on the grounds that the small car driver's license he held was unrelated to the traffic accident involved in the case.

On September 24, 2013, the district court made a first trial to maintain the administrative penalty decision made by the municipal traffic police detachment. Lu Mou refused to accept the first trial and appealed to the Xiamen Intermediate Court. After Lu Mou's appeal, the "plot" reversed a major reversal--

The Xiamen Intermediate Court tried that Lu Mou had been punished by criminal penalties in the same traffic accident and was punished for being punished for drunk driving without a license, and was punished by a fine for driving without a license. The current traffic police detachment revoked its small car driving license with Lu Mou drunk. The punishment was contradictory with the criminal punishment and administrative fines that Lu Mou had received. The administrative judgment of the first instance of the first instance; the administrative penalty decision of revoking the municipal traffic police detachment of Lu Mou's motor vehicle driving license.

Administrative punishment was revoked

The traffic police department applies for procuratorial supervision

Should drunk driving motorcycles revoke a motor vehicle driving license? This issue has become the controversy in this case. "Why is it wrong to revoke drunk driving licenses? The second trial was defeated, we really can't accept it. The administrative penalty decision made according to law has been revoked. How can we carry out law enforcement work in the future?" In September 2014, the Xiamen Traffic Police Detachment submitted a supervision application to the Xiamen Procuratorate.

After receiving the application for supervision, the Municipal Procuratorate strictly performed duties in accordance with the law, carefully investigated and verified, and after further sorting out the facts of the relevant cases, it was found that Lu Mou had three violations of the same behavior, and clarified that different violations should be affected by different administrative administrations. ,Criminal penalties. On this basis, a accurate understanding of the focus of "drunk driving to revoke a motor vehicle driver's license".

"During the review, we found a vital legal basis." Said the prosecutor. This legal basis is the "Opinions on the Application of the Terms of the People's Republic of China on Road Traffic Safety Law" issued by the State Council's Legal Affairs Office in 2012, which pointed out: " EMU driver's license is a punishment to deprive holders of a motor vehicle on the road to driving on the road. It is not just a punishment for driving qualifications for a certain driving model. "

"The decision of administrative punishment for administrative penalties is based on the actor's serious harm to the safety of road traffic safety. This is a negative evaluation of road traffic safety and legal awareness of illegal actors. It also has nothing to do with the type of motor vehicle actual driving when it comes to illegal acts. "Prosecutors pointed out.

The Procuratorate of the Xiamen Procuratorate discussed that from the perspective of legislative purposes and law enforcement effects, the administrative punishment decision of the traffic police department was made in accordance with the law. The legal errors in the second trial should be supervised and corrected.

In March 2015, the Xiamen Procuratorate submitted a retrial prosecution proposal to the Xiamen Intermediate Court, but was not adopted by the court. After discussion and research, Xiamen Procuratorate asked the Fujian Provincial Procuratorate for protest.

Procuratorate proposed to protest

Criminal banks are not contradictory

Kim Na, a third -level senior prosecutor of the seventh procuratorate of the Fujian Provincial Procuratorate held in the case, analyzed: "Lu Mou drunk drunk driving unlicensed two -wheeled motorcycles, violating the road traffic safety law, and was punished and revoked, respectively. There are no contradictions between the three driving licenses and fines of fines. "There is no contradiction between the three."

According to reports, Lu Mou's case was not a case. In 2019 alone, 32 cases of the administrative penalties of the public security organs of Fujian Province were revoked by the court's referee to revoke the administrative penalty decision by the court. Golden Na pointed out: "In these cases, the public security organs believe that revoking a driver's license refers to the driving qualification to all the quasi -driving models of the illegal actor; The decision to revoke the administrative penalty decision to revoke the motor vehicle driver's license, and the understanding and application of law in law enforcement and justice is inconsistent. "On September 30, 2019, the Fujian Provincial Procuratorate shall submit to the Fujian Provincial Higher Court on the grounds of the second trial judgment. Activity. The procuratorate believes that Article 91, paragraph 2 of the "Road Traffic Safety Law of the People's Republic of China" stipulates that "Drunk driving motor vehicles shall be restricted by the traffic management department of the public security organs to wake up, revoke a motor vehicle driving license, and investigate criminal criminals according to law. Responsibilities; not to obtain a motor vehicle driver's license within five years. "Among them," revoking motor vehicle driving licenses and investigating criminal responsibility in accordance with the law "is not an optional punishment measure; The second paragraph about "setting and implementing administrative penalties must be based on facts, and the facts, nature, plot, and social harm of illegal acts". Division, after Lu was held criminally responsible for Lu, the municipal traffic police detachment punished him to revoke all the qualifications of all quasi -driving models to meet the law.

On May 21, 2020, the Fujian Provincial Higher Court adopted a protest opinion of the procuratorial organs to make a retrial judgment: the second trial judgment made by the Xiamen Intermediate Court; and the first trial judgment made by the district court.

Unified judicial referee scale

Investigate and handle a case of governance

In view of the social impact of similar cases and a certain degree of representativeness, there are differences in the understanding and applications of administrative law enforcement and judicial referees, which affects the credibility and judicial authority of law enforcement. For communication and coordination, discussions and discussions on the issue of revoking motor vehicle driving licenses, and reaching a consensus on the revocation of the administrative lawsuit of the motor vehicle driving license administrative lawsuit and law enforcement standards.

On March 19, 2021, the Fujian Provincial Public Security Department issued the "Notice on Further Regulating the Administrative Case of Administrative Cases of Driving the Motor Vehicle Driving", requiring to strengthen the source management, and the contents of the relevant provisions of the revolution of the driving license of the motor vehicle were entered into the application for the motor vehicle driving license. At the same time, in view of the revocation of the administrative penalties of the motor vehicle driving license to reduce the right to punish the punishment, the impact on the punishment of the motor vehicle driving license is significantly impact. , Plot, and the degree of social harm, reflect the comparable penalty.

On April 30, 2021, the Fujian Provincial Procuratorate and the Provincial High Court issued a meeting minutes to propose specific requirements for the procuratorial organs and the people's courts to correctly implement the "Road Traffic Safety Law of the People's Republic of China" and apply for revocation of the administrative case of motor vehicle driving licenses. Judgment scale.

"The People's Procuratorate handles administrative litigation supervision cases, and found that administrative referees and law enforcement decisions have common problems with inconsistent legal laws. Promote the formation of consensus, solve common issues such as inconsistency in the case of law enforcement and judicial handling, and inconsistent standards, promote unified law enforcement judicial standards, and correctly implement the law. "The 36th batch of guiding cases of the Supreme Procuratorate evaluated the" guiding significance "of the case.

As of now, Fujian Province has not been revoked the problem of inconsistent law enforcement laws involving driving licenses.

■ Prosecutor said

Criminal and administrative dual punishment correction and punishment and punishment

"Double Penalties of Criminal Bank" refers to the situation that the same illegal acts must be held accountable for the perpetrator's criminal responsibility and their administrative responsibilities. Although punishment is the most severe sanctions, it still has limitations in order recovery, qualification deprivation, and behavior correction, and cannot inhibit crime in sufficient inhibitory effects. The traditional punishment concept emphasizes the syntax between punishment and criminal crimes. The goal of correction is how to take care of the society to avoid the violation of crimes again. In my country, the drunk driving behavior is revoked after being punished, and the driver's license is revoked and the motor vehicle driver's license cannot be obtained within five years, which reflects the necessity and legitimacy of the "dual penalty system of the criminal bank".

In this case, Lu had three facts that violated road traffic safety laws. Drunk driving, accurate driving, and driving unlicensed vehicles. Therefore, it was punished for punishment, revoking driving licenses, and administrative fines for different illegal matters. The district traffic police brigade imposed a fine on Lu, based on the non -matching behavior; the municipal traffic police detachment made a penalty decision to revoke a motor vehicle driving license due to its drunk driving motor vehicle. Lu Mou insisted that he had assumed criminal responsibility, should no longer bear administrative responsibilities, and repeatedly emphasized that "no penalty was punished." The procuratorial organs were reviewed that Lu's "two -selection" situation proposed by Lu was misunderstanding of my country's execution mechanism. In this case, penalties and administrative penalties are subject to different behaviors. Because there is a correlation between behaviors targeted, different nature of sanctions on illegal acts. situation.

Another major significance of this case is to unify the differences in administrative law enforcement and judicial referees based on the combination of case supervision and case supervision.As the case's purpose is explained: "The People's Procuratorate handles administrative litigation supervision cases, and there is a common problem of inconsistent legal laws on administrative law enforcement and judicial referees., Promote the unified law enforcement judicial standards of relevant agencies, and ensure the correct and unified implementation of the law. "(Source: Procuratorate: Zhang Renping Lei Minjuan Li Qiun)

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