Two people threw water bottles at each other while driving, disrupting traffic and were administratively detained

📅 2023-06-02 📂 Zhiming Hot Comments Zhiming Hot Comments 🏷️ #Traffic #Criminal Law #Cutting Off #[3] Public Security Administration Punishments Law #Administrative Detention

Compiled from The Paper
 
Case review
Around 6 p.m. on May 31, Yang (male, 42) and Jiang (male, 44) were each driving a small passenger car near the ramp on Wuzhong Road on the outer loop of the Central Ring. Due to a lane-changing dispute, they, out of anger, engaged in chasing, weaving between vehicles, blocking each other, and even throwing bottled water at each other, disrupting road traffic order. Currently, Yang and Jiang have been administratively detained by the police according to the law.


 
 

Public Security Administration Punishments Law of the People's Republic of China
Article 23 
Anyone who engages in any of the following behaviors shall be given a warning or a fine of up to 200 yuan; if the circumstances are serious, they shall be detained for more than five days but less than ten days, and may also be fined up to 500 yuan:
(1) Disrupting the order of government agencies, organizations, enterprises, or institutions, causing work, production, business, medical services, teaching, or scientific research to be unable to proceed normally, but not yet causing serious losses;
(2) Disrupting the order of train stations, ports, docks, airports, shopping malls, parks, exhibition halls, or other public places;
(3) Disrupting the order on buses, trams, trains, ships, aircraft, or other public transportation vehicles;
(4) Illegally intercepting or forcibly boarding, climbing onto, or riding motor vehicles, ships, aircraft, and other means of transportation, affecting their normal operation;
(5) Undermining elections conducted according to the law.
Those who gather a crowd to carry out the acts mentioned in the preceding paragraph shall, if they are the principal offender, be detained for more than ten days but less than fifteen days, and may also be fined up to one thousand yuan.
 
"Criminal Law of the People's Republic of China"
Article 291 [Crime of Gathering a Crowd to Disturb Public Place Order or Traffic Order]
Gathering crowds to disrupt the order of train stations, docks, civil aviation stations, shopping malls, parks, theaters, exhibitions, sports venues, or other public places, gathering crowds to block traffic or disrupt traffic order, resisting or obstructing national public security management personnel from performing their duties according to the law, if the circumstances are serious, the main perpetrators shall be sentenced to fixed-term imprisonment of up to five years, criminal detention, or control.
 
[1] The author's perspective
The act of driving vehicles to cut off others or 'road rage' seriously endangers road traffic safety, especially on elevated roads, highways, and other routes where speeds are generally high. Once an accident occurs, it can easily cause injury or death to oneself and third parties. According to the aforementioned laws and regulations, this behavior can result in administrative penalties at the minimum and criminal liability at the maximum, and may also involve civil compensation. Therefore, drivers should consciously abide by traffic regulations, drive civilly, and work together to maintain good traffic order. Do not let a moment of anger cause you to lose your freedom and pay money.

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