Moyou was punished for riding at high speed. Justice will be recovered in the second trial!
Editor’s note: This is a typical case of punishment for motorcycle driving on the highway in 2018, which has very important guiding significance for the majority of motorcycle users.
Can a motorcycle run at high speed? Whether the traffic police’s no go signs have legal effects or not requires serious people to ask.
And all of these, the court will give us the final answer.
Liuyouhong, public security administration of the second brigade of expressway of traffic police detachment of Maoming Public Security Bureau: Road Traffic Management (Road) second instance administrative judgment trial court: Guangdong Maoming intermediate people’s court case No.
(2018) Yue 09 Xing Zhong No.
132 case by administrative punishment trial procedure second instance judge zhangguoping, xushaowei, fengzhenli judgment date November 5, 2018 case body related document party information appellant (plaintiff of the original trial) liuyouhong, Male, born on March 27th, 1977, of X nationality, living in Maoming City, Guangdong Province.
The appellee (the defendant in the original trial) is the second Expressway brigade of the traffic police detachment of Maoming Public Security Bureau.
Address: about 200m to the right of the exit of Maoming East toll station of Baotou Maoming expressway, Maoming City, Guangdong Province.
Person in charge: yangbanglang, team leader.
The entrusted agent is zhengzhu’en, a policeman of the second Expressway brigade of the traffic police detachment of Maoming Public Security Bureau.
Case overview the appellant liuyouhong appealed to this court against the administrative judgment (2018) Yue 0902 Xing Chu No.
47 of Maonan District People’s Court of Maoming City, Guangdong Province, in the case of administrative punishment against the appellee, the second highway brigade of traffic police detachment of Maoming Public Security Bureau (hereinafter referred to as the second highway brigade of traffic police).
The court has formed a collegial panel to hear the case according to law, and the trial has been concluded.
The court of first instance found that the court of first instance found that at about 16:00 on January 10, 2018, the second brigade of traffic police Expressway set up a temporary inspection point about 200 meters away from the exit of the electric white toll station of Baotou Maoming expressway.
At 16:55 that day, liuyouhong drove Yue K ××××× When ordinary two wheeled motorcycles drive from Shenyang Haikou Expressway (G15) to Baotou Maoming Expressway (G65) at the exit of the electric white toll station, they bypass the toll stop bar and drive out of the toll station.
The police on duty of the second brigade of the traffic police Expressway stopped liuyouhong and found that liuyouhong was driving Yue K on the same day ××××× Ordinary two wheeled motorcycles violated the traffic law of driving on G65 Baotou Maoming Expressway in violation of the motor vehicle prohibition sign (code 1344).
After fulfilling the obligation of notification according to law and listening to Liu Youhong’s statements and defense opinions, the second brigade of the traffic police Expressway issued no:4409071000138682 decision on punishment of public security traffic management summary procedure to Liu Youhong on the same day, According to the provisions of the first paragraph of Article 90 of the road traffic safety law of the people’s Republic of China, it is decided to impose a fine of 200 yuan on liuyouhong.
Liuyouhong refused to accept the punishment decision and appealed to the court of first instance on January 25, 2018.
The court of first instance also found out that motorcycle no go signs were set at the entrance of Maoming toll station of Shenyang Haikou expressway, Dianbai toll station of Baotou Maoming Expressway and cinnabar toll station to prohibit motorcycles from entering the above expressway.
The court of first instance held that the court of first instance held that the focus of dispute in this case was whether liuyouhong’s driving an ordinary two wheeled motorcycle on the Baotou Maoming Expressway involved in the case was an illegal act of road traffic safety.
Article 25 of the road traffic safety law stipulates that “traffic signals include traffic signal lights, traffic signs, traffic markings and the command of traffic police”, and Article 38 stipulates that “vehicles and pedestrians shall pass according to traffic signals; in case of on-site command by traffic police, they shall pass according to the command of traffic police; on roads without traffic signals, they shall pass under the principle of ensuring safety and smoothness” Article 39 stipulates: “the traffic management department of the public security organ may, according to the specific conditions of roads and traffic flows, take measures to divert, restrict or prohibit the passage of motor vehicles, non motor vehicles and pedestrians…” accordingly, the traffic management department of the public security organ has the right to set up traffic signs to restrict the passage of motor vehicles according to the specific conditions of roads and traffic, and vehicles and pedestrians shall pass according to the traffic signs set up on the roads.
In this case, the traffic management department of the public security organ set up a no motorcycle sign at the entrance of the toll station of Baotou Maoming Expressway involved in the case.
Therefore, liuyouhong drove an ordinary two wheeled motorcycle on Baotou Maoming Expressway on january10,2018, violating the traffic sign and not following the traffic signal.
After discovering liuyouhong’s traffic violation, the second brigade of the traffic police Expressway performed the obligations of investigation, evidence collection and notification before punishment according to law, and imposed an administrative penalty of RMB 200 on liuyouhong in accordance with the provisions of the first paragraph of Article 90 of the road traffic safety law of the people’s Republic of China.
The fact of the penalty is clear, the evidence is conclusive, the applicable law is correct, and the procedure is legal.
Liuyouhong believes that he has not acted in violation of traffic signs and lacks factual basis, so his claim should not be supported.
In conclusion, in accordance with Article 69 of the administrative procedure law of the people’s Republic of China, Liu Youhong’s claim was rejected.
The appellant claimed that Liu Youhong, the appellant, refused to accept the original judgment and appealed to the court, saying: 1.
According to Article 67 of the road traffic safety law of the people’s Republic of China and Article 78 of the regulations for the implementation of the road traffic safety law of the people’s Republic of China, two wheeled motorcycles can be driven on expressways and are not prohibited vehicles.
The original judgment found that the appellant’s driving a two wheeled motorcycle on Baotou Maoming Expressway violated the traffic ban sign and did not comply with the provisions of the above laws and regulations, which should be a mistake in determining the facts..