As the saying goes, "learning high is the teacher, the body is the model", as a driving school instructor, do not want to pass on the profession, adhere to the professional norms, and even collude with the "scalper" to help students cheat in the motor vehicle driving license theory test in an attempt to pass the test.
Five driving school instructors in Shucheng County paid the legal price for their criminal acts.
On February 23, 2022, the Shucheng County People's Procuratorate prosecuted the case of Liang Moumou and six other students who organized trainees to cheat in the theoretical examination of motor vehicle driving licenses.
Introduction to the facts of the case
In order to obtain illegal benefits, defendant Liang X, through the introduction of the driving school instructor, provided cheating equipment for the trainees to participate in the motor vehicle driving license subjects I and IV examinations, and obtained the test questions through the cheating equipment, and then used the wireless communication device to transmit the answers to the questions to the students.
On January 22, 2020, Liang X was introduced by Kong X and others to organize student Liu X B to participate in the cheating process of subject four exams, because Liu X B was discovered by the staff of the examination room, Liang X left the scene. On October 22 of the same year, Liang XX was introduced by Ye XX, Pan XX and others, and organized students Wang XX and Xu XX to participate in the subject one exam cheating and were caught on the spot. The Shucheng County People's Procuratorate held that Liang's conduct violated the provisions of Article 284-1 of the Criminal Law of the People's Republic of China and constituted the crime of organizing examination cheating; Ye xxx, Kong xx, and others providing assistance to Liang xxx's organization of exam cheating was a joint crime, and should also be investigated for criminal responsibility for the crime of organizing exam cheating.
Prosecutor's opinion
The purpose of the driving test is to teach the driver safe and civilized travel knowledge, the driver of the motor vehicle in the way of cheating luck to pass the test, destroy the test rules, violate the fairness of the test, challenge the authority of the national examination system, the driver himself failed to master the basic driving knowledge, inevitably become a "road killer", causing a great threat to their own and the safety of others.
A driver's license that has been legally tested is not only a qualification granted by the law, but also a guarantee for the lives of oneself and others, and those who want to take a crooked path are advised not to joke about their lives. As a special skills trainer, the driving test instructor should urge the trainees to master the theoretical knowledge of driving, adhere to professional ethics and norms, and train qualified motor vehicle drivers for the society, rather than acting as a broker between the trainees and the cheaters who provide exam cheats in order to seek illegal benefits.
Prosecutor reminded
Driving test students should abandon the fluke psychology of cheating and passing the test, keep in mind that public safety involves you and me, at the same time, once such illegal acts are found, they should be reported and reflected in a timely manner; relevant driving training institutions should adhere to professional ethics and the bottom line, know the law and abide by the law, and respect the law, and all acts that touch the boundaries of the law will eventually be severely punished by the law; the relevant administrative departments should improve the long-term supervision mechanism, increase social publicity and punishment for violations, and timely publish service hotlines and reporting telephones, so that more people can understand, participate in, and supervise the driver training and examination work.
Links to laws
Article 284-1 of the Criminal Law of the People's Republic of China:
Whoever organizes cheating in a state examination prescribed by law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined alone;
Whoever provides cheating equipment or other assistance to others in carrying out the crime mentioned in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Whoever, for the purpose of committing cheating on an examination, illegally sells or provides to others the examination questions or answers provided for in the first paragraph shall be punished in accordance with the provisions of the first paragraph.
Whoever substitutes for another person or allows another person to take the examination provided for in the first paragraph in his place shall be sentenced to criminal detention or public surveillance, and shall also be fined or fined severally.
Article 88 of the Provisions on the Application and Use of Motor Vehicle Driving Licenses:
Where relevant information is concealed or false materials are provided to apply for a motor vehicle driver's license, the applicant may not apply for another motor vehicle driver's license within one year.
If the applicant commits bribery or fraud in the course of the examination, the applicant shall be disqualified from the examination, and the results of other subjects that have passed the examination shall be invalid.
The applicant may not re-apply for a motor vehicle driving license within one year.
Source| Lu'an Procuratorate
Editor-in-Charge/Wang Wei Proofreader/Zhang Lei Reviewer/Cheng Chen/Zha Qi Wu Wei
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