The truck driven by the man Huang collided with the car at the intersection. The truck lost control and almost overturned;

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[Reporter Peng Jianli/Miaoli Report] A man surnamed Huang drove a truck and collided with a car at an intersection, and the female driver of the car was injured; the police measured Huang's breath alcohol level at 0.18 mg, and he was prosecuted as a public dangerous crime and prosecuted for "vehicle and motorcycle driving" The alcohol concentration of a person exceeds the prescribed standard, causing an accident and causing injury.”

Huang Nan was fined 33,000 yuan and his driver's license was suspended for 2 years. He refused to accept it and filed an administrative lawsuit, claiming that the cause of the car accident was that he was driving too fast and had nothing to do with drunk driving. The judgment was revoked.

At around 3 a.m. on the 1st of last year, Mr. Huang drove a truck westward along Kaiyuan Road, Zhunan Township, Miaoli County. When he arrived at the intersection of Kaiyuan Road and Yingxun Road, he collided with a woman surnamed Ji who was driving a car northward along Yingxun Road.

The left rear of the truck was hit by a car, lost control and almost overturned, but also shoveled the electric pole on the side of the road and almost crashed into a mansion on the side;

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The police were reported to the scene and found that male Huang's alcohol breath value exceeded the standard of 0.18 mg. He was charged with public danger and charged with "the alcohol concentration of a motor vehicle driver exceeded the prescribed standard and caused an accident and caused injury." He was fined 30,000 yuan 3,000 yuan, suspension of driver's license for 2 years.

Huang Nan refused to accept the lawsuit and filed an administrative lawsuit, claiming that the cause of the car accident was his excessive speed and had nothing to do with drunk driving, and he was involved in the criminal part of the crime of public danger. The Miaoli District Prosecutor's Office found that the crime was insufficient and he was not prosecuted. , the statement was revoked.

The judge consulted the Miaoli District Prosecutor's Office's investigation documents on Huang Nan's involvement in the case of public dangerous crimes, and determined that the prosecution found Huang Nan's suspicion was not sufficient, and the punishment was not prosecuted.

The judge inspected the surveillance images of the car accident, and found it hard to believe that Huang Nan was driving the truck unsteadily, and after the car accident, he was still able to control it with all his strength, and kept the car from overturning in the violent shaking.

Based on the investigation report of the road traffic accident, the judge believed that Huang was driving a truck at too high a speed and did not comply with the "flashing yellow light" sign indicating "vehicles should slow down and approach, pay attention to safety and pass carefully" when passing the intersection. caused by regulations.

In addition, the judge reviewed the "Test Observation Record Form" made by the police after the alcohol test on Huang Nan. The test results of Huang Nan's straight line and balance movements showed no abnormalities, which proved that Huang Nan was not unable to control driving normally due to drinking.

The judge believed that Huang Nan's claim should be admissible. Huang Nan was accused of "the driver's alcohol concentration exceeded the prescribed standard and caused an accident and caused injury".

However, the judgment also pointed out that the court has no right to investigate whether Huang Nan committed the act of "the alcohol concentration of a car driver exceeding the prescribed standard" in Article 35, Item 1, Subparagraph 1 of the Road Traffic Regulations, based on the principle of separation of five powers in the Constitution. The police and supervisory organs decide to act on their own according to their functions and powers.