Driving test involves the crime of substituting for the test.
At 3 pm yesterday, 30-year-old Yu was taken to court. Before the incident, an employee of Beijing Hyundai Motor Co., Ltd. .. was criminally detained by Shunyi Branch of Beijing Public Security Bureau in September this year 1 1.
According to the prosecutor's accusation, at the beginning of June, 5438+0, Gong arranged for the defendant Yu to take the common sense test of safe and civilized driving for motor vehicle drivers instead of (sentenced), and promised to give Yu a benefit fee after the activity.
65438+ 10 13 at 9: 30, he was arrested by the police when he took an ID card and driving school training certificate instead of taking the motor vehicle driver's safe and civilized driving knowledge test in a driving test room in Houshayu, Shunyi District.
The public prosecution agency believes that the defendant Yu Mou should be investigated for criminal responsibility for taking the national examination prescribed by law instead of others.
Claiming that two cigarettes are not worth the test.
It was the former coach who arranged the exam. Yu said that he just got his driver's license in June last year at 5438+ 10, and his former coach Gong was very kind to him. At the beginning of this year, the coach found him, hoping that he could help his old classmates who failed in another subject for four times to take the exam. "The coach promised me that if you can help me get in, you can give me two Yuxi cigarettes. I agree with the coach. "
"I really don't know that this is illegal. Really not worth being sentenced to two cigarettes. " Yu said that on the day of the exam, when he entered the examination room with Sun's ID card and admission ticket, the driving school staff found that the photos did not match him, so they called the police.
The candidate was sentenced to one month's detention.
Gong said in his testimony that the candidate was not his student, but another coach found him, hoping that he could find someone to replace the exam. He will be given 3000 yuan after the work is completed. After that, Gong contacted his former student Yu. "I told Yu about the exam and promised him two cigarettes. He agreed. "
In the court, the public prosecutor said that according to Article 19 of the Road Traffic Safety Law and Article 23 of the Regulations on the Application and Use of Motor Vehicle Driving Licenses, the motor vehicle driver's examination is a national examination prescribed by law. In addition, the defendant Yu was seized by the police outside the examination room and failed to enter the examination room. It is an attempted crime and can be given a lighter punishment according to law.
The case was not pronounced in court. It is reported that Sun was sentenced to one month's criminal detention and fined 1000 yuan for taking the test. At present, coach Gong has handled another case and is in the stage of prosecution and review.
Can candidates reapply for a driver's license? In this regard, Han Xiao, a lawyer of Beijing Kang Run Law Firm, said that according to Article 88 of the Regulations on the Application and Use of Motor Vehicle Driving Licenses, if an applicant conceals relevant information or provides false materials to apply for a motor vehicle driving license, he may not apply for a motor vehicle driving license again within one year.
Specifically, if an applicant commits bribery or fraud during the examination, his examination qualification will be cancelled, and the scores of other subjects that have passed the examination will be invalid. The applicant shall not apply for a motor vehicle driver's license again within one year. If the applicant obtains a motor vehicle driver's license by cheating, bribery or other improper means, the traffic administrative department of the public security organ shall confiscate or revoke the motor vehicle driver's license, and the applicant shall not apply for a motor vehicle driver's license again within three years.
Han Xiao said that from the case, the substitute was found cheating in the exam and had not yet obtained a driver's license, so the passed exam subjects were cancelled and they were not allowed to apply for a driver's license again within one year.
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