Elephant News reporter Shen Zizhong Wentu.
On December 14, Elephant News published an article titled "Should this 3,100 yuan be?"."The owner is dissatisfied with being fined and prosecuted by the law enforcement department", it was reported that Mr. Wang, the owner of Zhengzhou Xinmi, was dissatisfied with being fined by the Yuzhou Municipal Transportation Bureau (hereinafter referred to as the Yuzhou Municipal Transportation Bureau). The reporter learned that although the Yuzhou Municipal Transportation Bureau later issued the "Decision to Revoke the Administrative Punishment" and returned the fine to Mr. Wang, he still insisted on prosecuting.
The case was filed in the Yuzhou Municipal People's Court on December 28.
The owner was dissatisfied and was fined and sued by law enforcement
Mr. Wang is the owner of the Yu A5200R large truck of Zhengzhou Tubang Transportation Company.
On the afternoon of November 28, the driver, Master Zheng, was driving the car through Yuzhou while making a delivery, and was seized by the local traffic law enforcement brigade on the grounds that the car was suspected of failing to be tested and graded within the specified time. On November 30, Master Zheng went to the Yuzhou Transportation Bureau to discuss the law, and the law enforcement officers notified the owner of the car, Mr. Wang, to be present. That night, Mr. Wang paid a fine of 3,100 yuan and was allowed to release the car.
Subsequently, Mr. Wang found that the penalty basis indicated in the Administrative Penalty Decision was "failure to conduct comprehensive performance testing and technical rating of vehicles in accordance with the prescribed cycle and frequency for more than 180 days". After inquiry, he found that his Yu A5200R large truck had been tested as early as May this year, and it was within the validity period. Mr. Wang took the Yuzhou Municipal Transportation Bureau to court on December 6. On the morning of December 13, Mr. Wang came to the Yuzhou Transportation Bureau, hoping that the other party would give him a reasonable explanation. At that time, Qin, deputy secretary of the law enforcement brigade of the Yuzhou Municipal Transportation Bureau, believed that the law enforcement compliance of the transportation bureau was reasonable.
The address of Zhengzhou Tubang Transportation Company is in Dengfeng. Mr. Wang said that on the afternoon of December 13, the day he left Yuzhou, the Yuzhou Municipal Transportation Bureau expressed the hope that Mr. Wang would take the initiative to withdraw the lawsuit. To this, he did not agree.
Received the rebate and insisted on the lawsuit
Mr. Wang revealed that on December 26, he received a letter from the Yuzhou Municipal Transportation Bureau**, saying that he would return a fine of 3,100 yuan through WeChat, and sent Mr. Wang a "Decision to Revoke Administrative Punishment" through WeChat. The date of issuance of the "Decision to Revoke the Administrative Punishment" is shown as December 21, which states the course of the matter, stating that on November 30, when the law enforcement officers made the "Transcript of Interrogation" and "Statement (Defense) Record", Mr. Wang clearly stated that he had no objection to the basis of the punishment.
In this regard, Mr. Wang told the Elephant News reporter that he only added the relevant transcript after paying the fine. It was also after the fine was paid that the "Administrative Penalty Decision" was received.
On November 30, I went to the Transport Bureau to solve the problem, and they told me clearly at that time that I would not let the car go if I did not pay the fine. In fact, I paid the fine first, and then ate the ticket. Mr. Wang issued the WeChat payment record and the "Document Service Receipt" on November 30 to the reporter, showing that the time he paid the fine was "20:19 on November 30, 2023", and the time of receiving the service receipt was "20:25 in 2023", "and the time when I received the "Administrative Penalty Decision" was 8:41 that night. ”
Mr. Wang believes that the Yuzhou Transportation Bureau has "a very positive attitude, but it is obviously insincere." So he told the court that he would not withdraw the lawsuit.
The verdict was not pronounced in court in the first instance
At 9 a.m. on December 28, the Yuzhou Municipal Court heard the case.
In court, the plaintiff and the defendant mainly debated the liability arising from the error in the basis of law enforcement. The defendant insisted that there was a failure in the enforcement basis because the plaintiff did not dispute the enforcement basis. The plaintiff believed that the situation was urgent, and in order to ensure the safety of the driver's life and minimize the loss of delayed delivery, it was up to the law enforcement department to decide. In addition, there is a time lag between the delivery of the fine and the delivery of the fine, there is a procedural violation, and the responsibility for the wrong basis for law enforcement cannot be borne by the plaintiff.
The verdict was not pronounced in court in the first instance.
The Yuzhou Municipal Transportation Bureau has revoked the punishment, that is, corrected the mistake, but still puts the responsibility on my head, of course I am not convinced. After the court trial, Mr. Wang told reporters, "The purpose of my insistence on the lawsuit is to remind law enforcers that they must act in accordance with the law, and since they are wrong, they must take responsibility for their mistakes." ”
The reporter then called Qin, deputy secretary of the law enforcement brigade of the Yuzhou Transportation Bureau, but the other party did not disclose other details, saying, "Everything is subject to the court's judgment." ”
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*: Elephant News).