Mr. Xie was dismissed for a drunk driving accident and sought a comeback, but was ruled against by the Kaohsiung High Court.

(Photo by reporter Bao Jianxin)

[Reporter Bao Jianxin / Kaohsiung Report] Aboriginal police officer Xie surnamed Xie served in the Kaohsiung Police Department for 28 years. He was dismissed for a series of drunk driving incidents, and 3 million to 4 million yuan of pension was wasted. He believed that the Kaohsiung City Government imposed excessive punishment and filed an administrative lawsuit. The lawsuit was overturned, the Kaohsiung High Administrative Court investigated, and the city government handled the case in accordance with the law.

On October 23, 2020, Xie Xie was involved in a drunk driving accident in Liugui Branch and was transferred to serve in Linyuan Branch. Kaohsiung City Government also committed a crime of public danger because his alcohol concentration reached 1.2MG/L per liter. Disregarding the advice of the authorities, seriously affecting the reputation of the public servants and the police, they will be dismissed.

Please read on...

Mr. Xie pointed out that the Civil Servant Performance Appraisal Act, the Police Personnel Regulations, and the Police Officer’s Reward and Punishment Standards are too broad and lack objective criteria for “disrespectful words and deeds that seriously damage the reputation of the government or civil servants.” Serious”, how to distinguish, there is no doubt that the city government clearly violated the legal clarity and the principle of proportionality.

The city government pointed out that as a law enforcement officer, Mr. Xie knew the law and violated the law, which constituted the specific standard of "disrespectful words and deeds".

In addition, the plaintiff has served as a police officer for more than 28 years and is responsible for the work of banning drunk driving. He should have a detailed understanding of the drinking and driving ban and should lead by example. It is said to violate the principle of proportionality, or to have discretionary laziness or abuse of discretion.

According to the investigation by the judges of the collegial panel, in accordance with the letter of the Ministry of Public Security, in order to implement the government's determination to put an end to drinking and driving, the public officials were drunk and driven, and the perpetrators, if they had disorderly words and deeds, would seriously damage the reputation of the government or public officials, and there is solid evidence, etc. Love affairs shall be punished as a penalty of 2 major demerits at one time.

The Gao City Government considered that Xie’s drunk driving behavior caused panic to passersby and endangered the life and property safety of passers-by, which was quite dangerous, and was dismissed from office. According to the law, the city government was judged in favor of the case and could be appealed.

☆Excessive drinking is harmful to health.Drinking and driving is prohibited☆