Quarrel with ex-wife
In a fit of rage, he drank sullen wine
As a result, he was identified as "drunk driving" by the traffic police
and revoke the driver's license
In the end, it was "revoked of administrative punishment"
The recent experience of a man in Shacheng District, Xu
It's a rollercoaster ride......
Not long ago, the divorced Xu suddenly missed the child very much, so he called his ex-wife and said that he wanted to visit the child, but the ex-wife rejected him on the grounds that "it's too late, the child has already slept".
Xu thought that his ex-wife was deliberately making things difficult for him, so he drove to his ex-wife's house in a fit of anger, and a fierce quarrel broke out between the two parties.
In order to avoid further conflicts, Xu's father-in-law chose to call the police. While waiting for the police to arrive, Xu, who was depressed, went to the car and took out a bottle of bulk liquor and poured it down.
The police who rushed to the scene found that Xu had alcohol on his body, so he reported the case to the traffic police, and the alcohol test showed that Xu's blood alcohol content was 126mg/100ml, which belonged to "drunk driving". According to this result, the Municipal Traffic Management Bureau imposed an administrative penalty of revoking Xu's driver's license.
Drunk, but not necessarily "drunk driving"
The judge found that the evidence was flawed
Xu was dissatisfied with the punishment and filed an administrative lawsuit. When reviewing the file, the judge in charge of the Shashi District People's Court of Jingzhou City found that Xu's confession to the Municipal Traffic Management Bureau showed that Xu reported that he "drank alcohol twice that day", the first time was "at about 6 o'clock in the afternoon, when he had dinner, he drank 50ml of liquor at home alone", and then drove to his ex-wife's house at 23 o'clock at night, and after a quarrel with his ex-wife in the early morning, he drank alcohol for the second time in the car.
At the trial of this case, Xu also said that he did not drink alcohol before driving, but only drank alcohol at the door of his ex-wife's house.
"Was Xu drunk when he drove to his ex-wife's house?" - this fact became the key to the case.
In the end, after the collegial panel carefully checked the evidence in the whole case, it held that the evidence of the Municipal Traffic Management Bureau's determination that Xu was drunk and driving was only the confession of the plaintiff Xu, and although Xu reported that he had two drinking behaviors before and after driving, the test results of that night could only prove the value after the second drinking, and the fact that "whether driving after the first drinking was drunk" could not be ascertained, so there was a problem that the facts were unclear and the evidence was insufficient.
The presiding judge submitted the case to a professional judges' conference for discussion, and finally reached a unanimous opinion, holding that the facts found in the administrative punishment decision made by the Municipal Traffic Management Bureau against Xu were unclear and the evidence was insufficient, and should be revoked in accordance with law.
Law + procuratorate + administrative organs work in the same direction
Substantive resolution of administrative disputes
On April 8, the Shashan District People's Court, together with the Shashan District People's Procuratorate and the Jingzhou Municipal Traffic Management Bureau, held a coordination meeting for administrative dispute resolution.
At the meeting, the two courts fully listened to the opinions of the applicant and the administrative organ, and respectively served the risk warning letter and the procuratorial suggestion to the Municipal Traffic Management Bureau. Through patient guidance and reasoning, the Municipal Traffic Management Bureau finally agreed to revoke the administrative punishment of Xu, and said that it would strictly standardize the law enforcement procedures in the future administrative law enforcement process, firmly establish the evidence-centered case handling concept, and continuously improve the level of administrative law enforcement. Xu submitted an application for withdrawal of the lawsuit to the Shashan District People's Court on the spot, and the contradictions and disputes were effectively resolved.
Xu, who re-obtained his driver's license, sent a pennant to the presiding judge. He said, "I am very grateful to the judge for his education and help, although the administrative punishment against me was withdrawn this time, it does not mean that I have no mistakes, whether it is before or after driving, as long as I touch the steering wheel, I should stay away from alcohol!"
Holding up the "people" with one hand and connecting the "officials" with the other
Administrative adjudication builds a bridge of harmony between the government and the people
Administrative adjudication is linked to the masses of the people on the one hand and to the administrative organs on the other. This year, the People's Court of Shashi District further deepened the "government-court linkage" mechanism, and jointly issued the "Opinions on Further Deepening the Government-Court Linkage Mechanism and Strengthening the Construction of a Rule of Law Government" and the "Implementation Measures for Promoting the Resolution of Administrative Disputes in Shashan District of Jingzhou City in accordance with the Law (Trial)".
The successful resolution of this dispute is a further beneficial exploration and practice of the Shashi District People's Court on the substantive resolution of administrative disputes. In the next step, the Shashi District People's Court will continue to implement the mechanism of "government-court linkage + multiple dispute resolution", adhere to the principle of justice for the people, continuously enrich the "Shashi practice" for the substantive resolution of administrative disputes, and do a solid job in the substantive resolution of administrative disputes, so as to realize the conclusion of the case, the government is harmonious, and contribute to the construction of Shashi City to serve and guarantee the rule of law.