標題: AYK6nfRBgS [打印本頁] 作者: hjfgdf2v9n 時間: 2015-6-16 12:38 標題: AYK6nfRBgS Currently people riding electric cars are mostly excessive electric car,louboutin pas cher
June 1, Shangrao City police on suspicion of dangerous driving offenses, and obstruction of official crime of drunken driving an electric car perpetrators Yang arrest. Yang became Shangrao City since January 1, 2012 after the implementation of the temporary traffic management excessive electric bike way the first case because of drunk driving electric car was arrested suspects.
Last May 1, "Criminal Law Amendment (h)" came into force, one of the "drunk driving into the penalty" concern. The "dangerous driving offenses," mainly for drag racing and drunk driving, and and "motor vehicle" relevant, drunken ride electric vehicles to be arrested on suspicion of dangerous driving offenses in the country is relatively rare. When reporters learned, in judicial practice around the country for the "electric car can become the subject of crime the crime of dangerous driving" disputed, the biggest focus is on "excessive electric car if the vehicle belongs to the category."
Man drunk driving electric car hit two people were arrested
At 20:30 on May 16 Xu, Wang occur farms near their homes Shinshu Shangrao City in a traffic accident. A woman and a child were injured a speeding bike,louboutin soldes, the perpetrators not only did not call 120 promptly treat the wounded,hogan outlet, the wounded and the scene also yells public.
After Shangrao City Public Security Bureau police detachment under a brigade alarm, police immediately rushed to the scene, call 120 emergency calls to the two injured to hospital.
When the police control the perpetrators Yang, he found that "an alcohol, flushed and disoriented, incoherent." June 6, police told the new Legal News reporter, Yang was on the scene as well as police and persuade people wounded, both "horizontal eyebrow stare, opposing fingers, yells."
Yang realized that the perpetrators could belong to drink-driving and traffic accidents, several police Yang accordance with the law will be taken to the traffic police brigade under investigation.
Police investigators said that, when several police ready to bring a police vehicle Yang, Yang suddenly left arm toward a mouth biting police, refused to let go. Other people's help, the police only to break free, but his right arm was bitten swollen bleeding.
Yang when the police are ready to take the survey, "Yang began Jiujin yells, and pull out all the effort in an attempt to resist police enforcement." Site police work together, Yang eventually risking 110 police.
The police will bring Maojialing Yang police station, taking into Yang's behavior has been suspected of the crime of obstruction of official business, the police station immediately to Yang, the scene the police and the witnesses made a record of inquiry. After testing, the perpetrators Yang blood alcohol concentration 111.87mg / 100ml, is drunk driving.
After police interrogation that, this year 52-year-old Yang, Shangrao City, a hotel security, usually more wine. The incident that day at noon, he drank wine moon in a colleague home, drink a lot of liquor.
May 17, Yang was Shinshu Shangrao City Public Security Bureau on suspicion of dangerous driving offenses, obstruction of official crime criminal detention. By the Shinshu Shangrao City People's Procuratorate, June 1, police executed two alleged charges against Yang arrested. It is reported that Yang is Shangrao City's first electric car for drunk driving and was arrested on suspicion of dangerous driving crime suspects.
Excessive electric vehicle management reference motorcycle
Motor vehicles, drunk driving, dangerous driving offenses, but Yang rode electric car, whether the relevant factors?
Police investigators told the new legal newspaper reporter, "General Electric Bicycle technical standards," states: electric bicycles should not exceed a maximum speed of 20 km, vehicle mass (weight) should not exceed 40 kg. And Yang electric cars have been tested, are excessive electric vehicles, according to this year January 1 implementation of the "Shangrao City excessive electric bike, gasoline engine power bike temporary traffic management measures," excessive electric vehicles are classified as motor vehicles.
From May 1, 2010 implementation of the "Jiangxi non-motor vehicle management approach" Article 12 stipulates that the maximum design speed, empty quality dimensions of non-motorized products do not meet national standards, and are not included in the national vehicle product announcements power unit driven two-wheeled vehicle, no registration. However, before the implementation has been purchased and on the road, the implementation of the temporary traffic sign management, specific measures for the temporary traffic sign management formulated by the municipalities and districts people's government according to local conditions.
Shangrao City of excessive electric vehicles based management approach will come from this.
Starting in January, Shangrao police department stepped up excessive electric cars and gasoline engine power bike management, electric vehicles such as the case of excessive vehicle traffic police department will mopeds reference standards for management, the driver driving such vehicles on the road, You must apply for the relevant license and procedures.
Constitute the crime of dangerous driving deposit dispute
Reporter in the interview that, although the Criminal Law Amendment (h) provides for the crime of dangerous driving, drink driving electric cars but whether the conduct constituted the crime of dangerous driving, there is still controversy around the country in the judicial practice is not uniform.
Last August, the Court of First Instance Guangfeng dangerous driving and sentenced the defendant Wang month detention and fined 1,000 yuan. Last May 20 20 am, the defendant Wang driving two electric vehicles (traffic police department identified as the vehicle) fall, resulting in his injury. Identified,christian louboutin pas cher,http://bbs.anhuinews.com/home.php?mod=space&uid=521041, Wang was the case of a drunken state. The Court held that the defendant Wang violating traffic safety laws, drunk driving a motor vehicle, dangerous driving offenses, then the above verdict. This is the hospital's first trial for dangerous driving case.
January 25 this year, Zhang drunken ride electric vehicles hit a car, Zhang's electric car belonging to excessive car traffic police inspection in March, he was court Zhejiang Xiaoshan dangerous driving and sentenced to detention for two and a half and fined 2,500 yuan. This is the first such case in Zhejiang.
May 3 this year, the court sentenced Nanchang Qingshan Lake along the electric car drunk driving case, the Court considered the "electric car should not be regarded as a motor vehicle" and the case is excluded from the "crime of dangerous driving" and finally to " traffic crime "judgment.
"Reference Manager" should not "expanded interpretation"
Drunk driving case of electric vehicles, "codefendant different sentence" exist in many places. The main point of contention in the "excessive electric car belongs to the motor vehicle" issue.
Suqian City of Jiangsu Provincial People's Procuratorate of Shen Xiaoming and Zhang Yu believes that should be treated differently drunk driving electric car behavior.
Current electric vehicle type float between motorized and non-motorized vehicle standards, under certain conditions, in line with the object of the crime of dangerous driving conditions require. January 1, 2010 start of the "electric motorcycles and electric mopeds general technical conditions" national standards, 40 kg,air max nike pas cher, 20 kilometers per hour over the two-wheeler called portable electric motorcycles or electric scooter, and classified as motor vehicles. Thus, proponents believe, drunk driving such electric vehicles in line with the objective elements of the crime of dangerous driving.
In addition,http://2043.znjz.chinaccnet.cn/news/html/?338593.html, in accordance with the provisions of the electric car should not more than 20 kilometers per hour, but in reality, part of the electric car and motorcycle speed comparable event of an accident, the impact of a strong, endanger public safety. Proponents believe that drunk driving excessive electric car has endangering public safety, if the act does not enter the penalty would cause some harm to public safety has been exempt from the perpetrators brought to justice, is not conducive to the prevention of traffic accident crime.
In judicial practice, driving an electric car accident traffic crime,http://bbs.tt919.com/read.php?tid-262522-fpage-80.html/read.php?tid-262522-fpage-80.html/post.php?fid=365?fid=365, long before the crime of dangerous driving into the sentence already exists. Some respondents said: "traffic crime is the result of guilty, guilty of dangerous driving offenses are acts to some extent,http://usr.cc/home.php?mod=spacecp&ac=blog&blogid=, make up for the crime of dangerous driving traffic accident without some risk behaviors Regulation, since driving an electric car can constitute traffic accident. crime, then the drunk driving standard to achieve the electric car motor vehicle shall also constitute a crime of dangerous driving. "
Beijing law firm, director of the Criminal Yi Shenghua that local governments can be excessive electric vehicle reference vehicle management, but with reference to a motor vehicle and motor vehicle management, the concept is not exactly the same. Especially involving restrictions on personal freedom to explain the behavior of the criminal law offenses,nike free run, local governments have no right to expand or judicial interpretation in this regard.
A lawyer who advises the introduction of appropriate judicial interpretation
In recent years, electric bicycles, machine-assisted bicycles and other non-fuel vehicles have become an important means of transport of the masses, and their number is increasing.
Shangrao City traffic police department, according to incomplete statistics, the city's electric bike has exceeded more than 10 million units,louboutin sito ufficiale, and more than 20% per year rate of increase. Among them, in addition to a very small part in line with national standards,air jordan femme pas cher, about 90% belongs to the excessive car.
According to statistics, in 2011, Shangrao City, traffic accidents involving electric vehicles since 1025, the death of 45 people, injured 890 people. "Develop in line with the actual Shangrao excessive electric bike, gasoline engine power bike temporary traffic management measures, is of great significance,nike pas cher france," police investigators said.
Electric car dealer is that the expanding city, 20 kilometers per hour, the market is difficult to accept, "excessive" is also compelling. If the traffic police, the courts and so on according to the current national standard, the car deemed excessive vehicle treatment, the electric car industry strike would be enormous.
The seller even believes that the current national standard is promulgated in 1999,basket jordan pas cher, which is 13 years of social change rapidly, the GB seem "outdated."
Also questioned the legal profession, whether for excessive electric car motor vehicles, only on the basis of technical provisions within the industry to define and give criminal penalties, if appropriate?
Yi Sheng Hua said: "The current judicial practice, the country of excessive electric car is different not identified vehicles, belonging to the law applicable to the confusion, which requires National People's Congress or the Supreme, Supreme Procuratorate or the Ministry of Public Security unified specification applies, as soon as possible the introduction of appropriate a clear judicial interpretation. "
□ text / Zhang Han Chun Qiu deep root Reporter Liao Shijie □ Figure / reporter Han Changming
Share: welcome to comment to comment microblogging Recommended | today's hot microblogging (edit: SN010)