"The traffic police revoked my driver's license only because I admitted that I had driven a motorcycle when I was drunk, but I don't remember how to state it, and I don't agree", in Zhongshan, Guangdong, after the 80s man Yang Mou was drunk

"The traffic police revoked the driver's license only because I admitted that I had driven a motorcycle when I was drunk, but I don't remember how to state it at all, and I don't agree", in Zhongshan, Guangdong, Yang Mou, a man after 80, fell to the ground after getting drunk, and there was a two-wheeled motorcycle without a number plate at the scene. After the masses Ding called the police, the traffic police rushed to the scene to investigate, found the drunken Yang and the motorcycle, suspected that Yang was suspected of drunk driving, so he took it back to the traffic police brigade to restrain him until he was drunk, but no collision traces were found at the scene.

During the investigation, Luo Mou, an auxiliary police officer who assisted in handling the police situation, interrogated Yang Mou and made an interrogation record, which stated that the doctor at the scene reported that Yang Mou was just lying on the ground drunk and not injured, and there was a motorcycle three or four meters away, which did not press on Yang Mou. According to Ding's interrogation record, he found that when Yang mou, Yang Mou's calf was pressed by a white women's motorcycle, but the motorcycle did not start the engine, the headlights were not turned on, and when the traffic police arrived at the scene to push the car up, he saw that the car was plugged with a key.

After blood testing, Yang's body ethanol (alcohol) content was 226.3mg/100ML. At the same time, the traffic police brigade also questioned Yang in the evening, Yang admitted to driving a motor vehicle drunk in a drunken state, signed the "Confirmation of the Party's Drunken Statement", and when the traffic police made the "Administrative Punishment Notice Record" to inform Yang of the existence of illegal acts and his rights such as a hearing, Yang signed on the spot and indicated that he did not apply for a hearing, but there was no monitoring record, witness testimony and Yang Mou's interrogation record after waking up.

Relying on Yang's unilateral statement in a drunken state, the traffic police department punished Yang in accordance with the "Road Traffic Safety Law" and other provisions, giving Yang a revocation of the driver's license of a motor vehicle, and could not re-obtain the driver's license for five years, and fined 200 yuan. Yang mou has no objection to his failure to hang the number plate of the motor vehicle and is in a drunken state, but he is not satisfied with the traffic police's determination of his drunken driving behavior, and submits a reconsideration, but the superior department reconsidered and upheld the punishment decision. Unsatisfied, Yang sued the court, requesting that the penalty and reconsideration decision be revoked.

The court held that when the traffic police department determined whether Yang mou had drunk driving behavior, there was insufficient evidence and the procedure was seriously illegal, and the punishment decision of the traffic police department and the reconsideration decision of the public security department were revoked in accordance with the law. (Case source: China Judgment Documents Network)

From a legal point of view, Yang X's blood test alcohol content is 226.3mg/100ML, has reached a drunken state, if Yang mou drives a motor vehicle in this state, it is already drunk driving, constituting the crime of dangerous driving, according to one of article 131 of the Criminal Law, can be sentenced to detention and fine. However, the criminal law defines the problem, requiring that the evidence be credible and sufficient, and for those who only confess to the defendant, the defendant cannot be found guilty and sentenced, not to mention that what the perpetrator said in a drunken state really cannot meet the standard of sufficient evidence.

At the same time, driving a motor vehicle drunk, even if it is not considered a crime, has violated road traffic safety regulations and can be given administrative penalties. According to article 91 of the Road Traffic Safety Law and other provisions, a person who drives a motor vehicle drunk may be brought to the unit by the traffic police department to restrain him until he is drunk, revoke the driver's license of the motor vehicle, pursue criminal responsibility according to law, and must not re-obtain a motor vehicle driving license within five years, and may also be fined between 20 and 200 yuan.

Specific to this case, if there is sufficient evidence such as monitoring to confirm that Yang mou has driven a motor vehicle, he can be directly investigated for criminal responsibility. Even if criminal liability can be waived, penalties such as revocation of driver's license and fines can be adopted. However, in this case, Yang only had no objection to not hanging up the mobile number plate and being drunk, but he did not admit to riding in a drunken state.

The traffic police department only made a record of Yang's interrogation in a drunken state, but did not ask again after sobering to confirm whether he was drunk driving, and then made a punishment decision, which obviously not only violated the procedure, but also did not conform to the principle of "if the facts of the violation are unclear and the evidence is insufficient, administrative punishment shall not be given" in the Administrative Punishment Law. Therefore, the punishment decision of the traffic police department is too hasty and will inevitably face the end of being revoked.

In the end, the law will not spare a bad person, nor will it wrongfully accuse a good person. Perhaps Yang does have the behavior of driving a motor vehicle drunk, but in the absence of sufficient evidence, it cannot be determined that there is an illegal act, which is the embodiment of legal justice. However, I have to say that there are thousands of roads, safety first, always remember, driving without drinking, drinking without driving, once an accident occurs, the consequences are unimaginable.

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