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How to punish the traffic accident summary procedure

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How to punish the traffic accident summary procedure


        

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  • 2024-06-06 05:01:39

    1. If the summary procedure is applicable, it can be handled by a traffic policeman.

    2. When handling the accident, the party concerned shall be ordered to leave the scene and resume traffic after fixing the on-site evidence. If they refuse to leave the site, they shall be forced to leave; If the party concerned is unable to move the vehicle by himself, the traffic police shall move the vehicle to a place that does not hinder the traffic.

    3. The traffic management department of the public security organ may apply the summary procedure to deal with the following road traffic accidents, except those suspected of causing traffic accidents or dangerous driving crimes:

    (1) Property loss accident;

    (2) The injured party is slightly injured, and all parties agree to apply summary procedures to deal with the injury accident.

    The simple procedures for handling traffic accidents are as follows:

    1. For minor and ordinary accidents with simple case, only causing vehicle and object losses or minor injuries to personnel, if the parties have no dispute about the facts and responsibilities of the accident, summary procedures can be applied;

    2. The simple procedure can be applied to the traffic accidents handled by the police on duty using the "Record Form of Rapid Handling Traffic Accidents";

    3. After the party concerned handles the scene on his own according to the relevant provisions on rapid handling of the scene of the accident, and the accident department (group) confirms that there is no error, the summary procedure can be applied.

    [Legal Basis]

    Article 42 of the Provisions on the Procedures for Handling Illegal Acts in Road Traffic Safety, where summary procedures are applicable, a traffic policeman may make a punishment, and the punishment shall be implemented according to the following procedures:

    (1) Oral notification of the basic facts of the illegal act, the proposed administrative penalty, the basis and the rights enjoyed by the violator according to law;

    (2) Listen to the statement and defense of the violator, and adopt the facts, reasons or evidence put forward by the violator if they are tenable;

    (3) Prepare the summary procedure punishment decision;

    (4) The punishment decision shall be signed by the person punished, signed or sealed by the traffic police, and affixed with the seal of the traffic management department of the public security organ; If the punished person refuses to sign, the traffic police shall indicate it on the punishment decision;

    (5) The written decision on punishment shall be delivered to the person to be punished on the spot; If the person who has been punished refuses to accept the punishment, the traffic police shall indicate it on the punishment decision, which is service.

    The traffic police shall report the summary procedure punishment decision to the traffic management department of the public security organ for the record within two days.

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