"See big disc, straight drive a vehicle even if circle annulus island, policeman punishment is wrong. " driver Chen Mou says when appeal. But " island of disc = annulus " ? Recently, court of the 3rd intermediate people is opposite Shanghai Chen Mou accuses administration of some policeman detachment, some public security bureau punishs decision and administration to reconsider a decision to appeal one case undertook cognizance, the court thinks, annular cross is not applicable annulus island is current and regular. Classics spot differentiates argue, both sides reached unanimous opinion, referred after front courtyard nolle prosequi application.
Sketch map of label of ground of disc of weather eye road
Chen Mou on September 7, 2017 10 when drive 37 minutes car, in Shanghai day eye disc label directs arrowhead goes continuously by on the west east 3 driveway (most outside side) straight travel passes Wu Zhenlu to leave v/LIT all over the ground way, left-hand rotation continues to sail the day looks disc, be on duty policeman on the spot intercept, think Chen Mou ought to sail circle below Wu Zhenlu, should not continue left-hand rotation, belong to do not need advancing direction to sail by place oriented driveway, disobey " law of road transportation safety " the 90th regulation, make the administration that fines 100 yuan punish a decision on the spot then (the following abbreviation " punishment be appealinged to decides " ) . Chen Mou refuses to obey, carry politics of start on a journey to reconsider application, substation of some public security is made maintain punishment be appealinged to to decide. Chen Mou still refuses to obey, sue to the court, request cancel is accused punishment decides to reach be appealed to to reconsider a decision. Court of first instance thinks, the traffic signal that road transportation management department installs is ambiguous, let traffic participator easily produce different meanings, adjudicate cancel is accused punishment decides to reach then be appealed to to reconsider a decision. Some policeman detachment refuses to obey, appeal reachs Shanghai 3 quadrangle, request cancel original judgement, change the original sentence rejects the request of first trial lawsuit of appellee.
Sketch map of label of ground of island of annulus of 5 horn field
3 quadrangle cognizance of Shanghai think, this case controversy focus depends on, weather eye disc should applicable annulus island understands a regulation or annular cross passes through regular. Appellant some policeman detachment thinks the day looks disc gives Wu Zhenlu to issue full line to answer applicable and annular cross is current and regular, answer to leave v/LIT all over the ground way all right continuously. Appellee Chen Mou thinks according to its drive for a long time experience is judged, the day looks the road configuration of disc is annulus island, ought to applicable annulus island is current and regular, no less than OK on road of straight travel arrowhead circling.
2 careful court is found out, according to national level " urban road traffic sign and graticule setting are normative " (GB51038-2015) 5.3.4 regulations, mark of annulus island travel should set across of park annulus island the mouth imports diversion island to go up or the proper place of direction of car of all along of annulus island median plane is in, but disc of this eye of weather of case place experience did not set annulus island mark. In addition, road graticule installs face of annulus island inland to be straight travel arrowhead or add right-hand rotation arrowhead all right continuously only, and 3 driveway of disc of this eye of weather of case place experience by left-hand rotation arrowhead, straight travel was installed to add left-hand rotation arrowhead and straight travel arrowhead respectively outside introversion. Both ground directs arrowhead setting does not agree, this case Chen Mou by day of eye disc travel is entered to in 3 straight drive a vehicle eastwards on the west, understand a regulation according to annular cross, ought to sail circle below Wu Zhenlu, should not continue left-hand rotation sails the day looks disc.
According to spot monitoring video presentation, chen Mou gives Wu Zhenlu to issue full line north in weather eye disc when about 1 meter accuses crossing through having the light, the policeman makes clear signal its leave v/LIT all over the ground way, this spot director and traffic sign directive are consistent. But Chen Mou did not comply with direct, be barred finally fall to be punished into profession field by the policeman.
The contrast of graticule of directive of the traffic sign setting that looks there is the crossing place that has annulus island feature to undertake inside disc and Shanghai to the day through the court, ground and corresponding exercise regulation is elaborated, eye disc belongs to annular cross and final Chen Mou understood a nature is not annulus island, both current regulation is not identical, former some thinks annular a section of a highway is inevitable and applicable annulus island passes through to drive regularly experience is a mistake. Front courtyard careful is final, both sides reachs unanimous opinion, referred after front courtyard nolle prosequi application, a traffic punishs what dispute got materiality to solve.
(the picture inside article by Shanghai court of the 3rd intermediate people is offerred)
