Applicant: Fan Mou, male, born on,,.

Respondent: Chen Mou, male, born on, address: Fangfang Street, Kongbian Village, Dengliang, Danzao Town, Nanhai District, Foshan City, Guangdong Province. Id number: ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××

Request for review: Request to cancel the road traffic accident confirmation letter of Nan Gong Zheng Zi [2065 438+02]No. B00×× made by the traffic police brigade of Nanhai Branch of Foshan City according to law, and make the accident responsibility determination again.

Facts and reasons:

At 201February 12, at 2 1 25, the applicant drove Guangdong HHF25 1 ordinary two-wheeled motorcycle (driven by Li and Li), drove along Youwei Avenue in Danzao from the road direction to downtown Danzao, and turned left at the front intersection of Huangyuan Hotel in Youwei Avenue. It collided with the Y7××× car driven by Chen Caibang (its blood test was160.1mg100 ml, which was drunk driving), resulting in a road traffic accident in which the motorcycle applicant and two-wheeled motorcycle riders Li and Li were injured and both cars were damaged.

The applicant believes that at about 0: 25 on February 12 12, the respondent was fully responsible for the traffic accident, and he was seriously drunk and speeding, and had hit-and-run behavior after the accident. The defendant violated the law in the following ways:

(1) Article 22, paragraph 2 of the Road Traffic Safety Law of the People's Republic of China prohibits driving a motor vehicle if he drinks alcohol, takes psychotropic drugs or narcotic drugs under state control, suffers from diseases that hinder the safe driving of a motor vehicle or is affected by excessive fatigue. No one shall force, instigate or condone the driver to drive a motor vehicle in violation of road traffic safety laws and regulations and the requirements for safe driving of motor vehicles. The alcohol content of the investigated person is as high as160.1mg/100 ml. If the national standard exceeds 80mg/ 100ml, it is drunk driving, and the alcohol content of the investigated person is more than double, which is a serious degree of drunkenness. At this time, the accident car driven by the respondent has completely lost control, which seriously threatens the life safety of others. The surveillance video of the intersection also clearly shows that the vehicle driven by the investigated person rushed through the intersection where the accident occurred at an extremely fast speed, which led to the accident. Such a fast urban road speed is an extremely important reason for the accident. Why is there no accident confirmation letter? South Bus Word [2065438]b 00 143 Measure the speed of the vehicle driven by the respondent? Forty-fourth motor vehicles passing through intersections should follow the traffic lights, traffic signs, traffic markings or the traffic police's command; When crossing an intersection without traffic lights, traffic signs, traffic markings or traffic police command, you should slow down and let pedestrians and vehicles with priority pass first. There is no traffic light at this accident intersection, and the surveillance video also shows that the motorcycle driven by the applicant has turned left normally. When the turn was about to be completed, the accident vehicle driven by the respondent directly hit the motorcycle because of speeding, and the monitoring video showed that the accident vehicle driven by the respondent did not slow down when passing through the accident intersection. Judging from the driving state of the vehicle, the perpetrator Ken didn't even realize that it was an intersection and collided directly. Obviously, the applicant turned left first. It is not that the applicant and the respondent arrive at the intersection at the same time, and there is no problem that the applicant does not let the through train go first when turning. Therefore, the respondent was drunk and speeding, and when passing the intersection, the out-of-control accident vehicle directly crashed into the motorcycle that had basically completed the turn, which was the root cause of the accident. The applicant's overloading and driving unqualified vehicles are not directly related to the accident, let alone the cause of the accident. Therefore, it is far-fetched, inconsistent with the actual situation, mechanically applying legal provisions, regardless of the deep preconditions of legal provisions, and this division of responsibilities cannot stand scrutiny and analysis.

(2) The respondent obviously had hit-and-run behavior after the accident, which was not mentioned in the accident confirmation. After the accident, Information Times made a detailed interview and accident investigation on February 12, and the investigated person bumped into three people in the investigated person's car for more than 20 meters. The vehicle driven by the respondent did not stop, but bypassed the injured and drove straight ahead, driving behind the vehicle of the respondent. The respondent got off the vehicle when parking in front of the accident vehicle, which was more than 0/00 meters away from the impact point/kloc-. However, the respondent argued that the car suddenly caught fire and died, the brakes failed, and the car skidded 100 meters before stopping. Such an illogical and absurd reason can also hide the truth and escape the expert's appraisal, and the test report of the accident vehicle has shown the respondent's. According to the fourth paragraph of Article 42 of the Regulations for the Implementation of the Road Traffic Safety Law, if a party escapes after a traffic accident, the escaping party shall bear all the responsibilities. (Attached is a copy of Information Times news and a copy of vehicle inspection report)

To sum up, Article 91 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China stipulates that "the traffic administrative department of the public security organ shall determine the responsibility of the parties according to the role played by their actions in traffic accidents and the severity of their faults". The applicant believes that the fault of this accident is entirely caused by the respondent's serious drunkenness and speeding, which is the root cause of the accident. There is no direct causal relationship between the applicant's overloaded driving of unqualified vehicles and the accident, which does not constitute the accident responsibility. The respondent has obvious hit-and-run behavior, but the applicant does not constitute the fault of this accident. Compared with the fault of the respondent, it is completely evasive, confusing the primary and secondary contradictions and mechanically citing the law. If this serious drunk speeding, regardless of the safety of others, at the same time, the perpetrators of serious consequences can not be severely punished by law, then how to show the fairness and justice of the law. How do young students who have suffered such severe trauma understand this society and face it after entering it? Moreover, the accident has caused serious trauma to three young students, which has caused great social impact and attracted great attention from the media. The investigated person may be investigated for criminal responsibility. The applicant requests the public security organ at a higher level to cancel the South Bus Traffic Accident Confirmation [20 12]No. B0, ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××

I am here to convey

Foshan bureau of public security traffic police detachment

Applicant:

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