When I listened, I was cracked down by using my mobile phone!However, what is the result of driving smartphones and trials in court? | Clicccar.com

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■ Police will never admit misconceptions.However, there was a record of fighting and winning!

On December 1, 2019, the so -called "driving while driving", and "violations of mobile phones such as mobile phones" were strictly punished.

It is a malicious violation, so it is strictly punished, and the crackdown is to focus on malicious violations.Naturally, the crackdown on smartphone driving is strengthened.Immediately in various prefectures, there is a crackdown on "driving while driving", and it has been reported.

Although there are two main types of driving crackdowns.1. Police cars, white motorcycles, and police officers working in a police box encounter a violation site and crack down.2. ambush in the team and crack down.Specifically, the police officers in the current cognitive are watching the cars that are progressing one after another, wirelessly contacted the police officers waiting for them, and crack down on them.

There is a driver who has been "victory" in a wonderful "driving" by the crackdown of the type that can ambush the team.Let's report.

On that day, Mr. A (40 years old) drove a one -box car and went to a laundry.On his way to a convenience store, he saw that he was cracking down in the oncoming lane.He bought coffee at a convenience store, noticed something lost and turned back.In other words, he passed through the crackdown.At that time, Mr. A put his elbow in the console box on the left side of his driver's seat and broke his left ear.He had two mobile phones, both in the thick jeans left and right front pockets.However, he was ordered to stop and was cracked down by using a mobile phone.It seems that the police officer of the current clerk misunderstood.Mr. A said many times to check his call history.However, police officers cut off the ticket without dealing with them.

Mr. A was not convinced and did not pay the foul.The incident was sent to the Public Prosecutor's Office.So -called documents.The prosecutor was not prosecuted easily.But!Police did not erase a violation (2 points).For this reason, Mr. A was renewed the next license and was not able to get a five -year gold license for five years, and was valid for three years.

Normally you will give up.However, Mr. A did not give up, and in short, he made a civil trial, saying, "Let's cancel the three -year license disposal and issue a gold license."The trial was conducted in the Saitama District Court.I was contacted by Mr. A and listened.

There is a rough man in the plaintiff seat.That was Mr. A.It is a "lawsuit" without a lawyer.The defendant is actually the police, but the trial is Saitama Prefecture.There are four agents, 11 prefectural police and prefectural government officials, and 15.One amateur VS expert 15, Wow, will Mr. A twist without any hands?I honestly thought so.

The first witness was a police officer.I did this kind of testimony."I have been cracking down about 5 years, 3 to 4 times a week, and about 15 times a month. On the day of this day, the plaintiff (Mr. A) is wearing a mobile phone on the left ear while driving a one -box car.First, through the windshield, then clearly acknowledged through the window glass on the passenger side. At that time, the plaintiff did not move. "

The second witness is N's assistant Inspector.I'm in charge of the site.He said that he was in the army."The plaintiff has denied the use of mobile phones from the beginning, but does not investigate the call history and has not conducted any post -investigation."It was clear that I was convinced.

Next, Mr. A sat on the chair on the testimony. It is the plaintiff's themselves. The defendant's lawyer, who had been interrogating, was a former prosecutor. It is a so -called "yame inspection". The yame -in -law lawyer interrogated one after another, with a huge crouching voice. It's just like a suspect in the interrogation room. Moreover, the content was flying. "If you go beside the current clerk while listening, you didn't think if you were mistaken for a mobile phone! Did you not think it would be misunderstood?" It's natural to say that Mr. A is worse. Mr. A replied in trouble. "If you look at it properly (the current clerk) ..." Furthermore, the Yame Inspection Lawyer did so that he was ordered by the suspension and stopped. "Is it okay to stop there? Isn't it annoying to the following car, is it OK?" The suspension was ordered to stop in an annoying place, so he shouldn't stop?

I have heard a lot of trials saying, "I was cracked down by innocent violation. I cancel the administrative policy of a driver's license (this is a three -year license disposal)."The driver's side cannot win first.The court believes that a police officer appears in a witness and says, "Certainly the violation has been acknowledged."I have been feeling that is the case.This case seems to be the victory of Mr. A, but this is a trial.What will happen ...

And the judgment.What a win!The three -year license was canceled, and the driver's license stating that it was a good driver should be issued.Police officers' testimonies and investigative reports, etc., "There is no accurate evidence that the plaintiff has used a mobile phone for calls on the road for calls on the road."The district court decided.One amateur of 15 experts and one amateur will win.I was impressed.

The defendant appealed to the Tokyo High Court.He issued plenty of documents and called for the discard of the victory of Mr. A.On the other hand, Mr. A, on the other hand, did not attach an agent lawyer in the high court, and half of the A4 size paper, "I have not really violated. Therefore, the police cannot prove the violation. I want such a trial to finish early.I just wrote the purpose of it.The High Court rejected the defendant's appeal.The defendant abandoned the appeal, and Mr. A's victory was confirmed.

There is something that can be understood from this trial.That is, the crackdown on the "smartphone" can be incorrectly recognized, and the police do not admit it, and it will resist thoroughly.Not everyone can win like Mr. A.A drive recorder that can record the driver's seat is essential.

(Ryoichi Imai)

[Related article] From December 1st, "Smartphone" driving is strictly punished!Violation with a screen -watching screen for 2 seconds or more.The foul money increased by 6 billion yen!? Https: // clicccar.COM/2019/11/30/934966/

[Related link] Ryoichi Imai's traffic violation of traffic violations!http: // ko-tu-youan.cocolog-nifty.COM/