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No. 6 of Seven Model Cases Issued by the Supreme People's Court at the Tenth Anniversary of the Amendment and Implementation of the Administrative Procedure Law: Revoking an Obviously Inappropriate Administrative Penalty Decision and Supervising the Administrative Agency's Exercise of functions and powers and Safeguarding the Lawful Rights and Interests of the Party Involved according to the Law — Qin [REDACTED] v. Traffic Patrol Police Detachment under the Public Security Bureau of Qijiang District, Chongqing Municipality, and Public Security Bureau of Qijiang District, Chongqing Municipality (Case of Administrative Penalty and Administrative Reconsideration)
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最高人民法院发布7件行政诉讼法修正施行十周年典型案例之六：秦某某诉重庆市綦江区公安局交通巡逻警察支队、重庆市綦江区公安局行政处罚及行政复议案——依法判决撤销明显不当的行政处罚决定，监督行政机关依法行使职权、维护当事人合法权益
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【法宝引证码】
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- Legal document：
Judgment
- Procedural status：
Trial at Second Instance
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| No. 6 of Seven Model Cases Issued by the Supreme People's Court at the Tenth Anniversary of the Amendment and Implementation of the Administrative Procedure Law: Revoking an Obviously Inappropriate Administrative Penalty Decision and Supervising the Administrative Agency's Exercise of functions and powers and Safeguarding the Lawful Rights and Interests of the Party Involved according to the Law | | 最高人民法院发布7件行政诉讼法修正施行十周年典型案例之六：秦某某诉重庆市綦江区公安局交通巡逻警察支队、重庆市綦江区公安局行政处罚及行政复议案 |
| — Qin [REDACTED] v. Traffic Patrol Police Detachment under the Public Security Bureau of Qijiang District, Chongqing Municipality, and Public Security Bureau of Qijiang District, Chongqing Municipality (Case of Administrative Penalty and Administrative Reconsideration) | | ——依法判决撤销明显不当的行政处罚决定，监督行政机关依法行使职权、维护当事人合法权益 |
| (1) Basic Facts | | （一）基本案情 |
| The Traffic Patrol Police Detachment under the Public Security Bureau of Qijiang District, Chongqing Municipality (hereinafter referred to as "Qijiang Traffic Police Detachment") did not set up "No Right Turn" signs in front of or on the right side of the road section where a person turns right at a T-junction to enter a primary school. However, about 30 meters away the right turn lane, "No Entry" traffic signs and markings were set up on the left side of the road and on the ground. On June 16, 2018, Qin [REDACTED] turned right at the T-junction by driving his small car. After driving 30 meters, he saw a traffic sign "No Entry" on the left side of the road and a traffic marking "No Entry" on the ground. He was caught in a dilemma and drove into the no-entry road section. On July 5, 2018, the Qijiang Traffic Police Detachment issued a Penalty Decision Made by Applying the Summary Procedures for Public Security Traffic Management, determined that Qin [REDACTED]'s act of driving a small car in a direction not allowed by traffic regulations on the road section near a primary school violated the provisions of the Road Traffic Safety Law of the People's Republic of China, and decided to impose a fine of 200 yuan and deduct three points for violation of traffic rules. Qin [REDACTED] was dissatisfied with the Penalty Decision and filed an application for administrative reconsideration. On August 21, 2018, the Public Security Bureau of Qijiang District, Chongqing Municipality (hereinafter referred to as the "Qijiang Public Security Bureau") issued an Administrative Reconsideration Decision to affirm the aforesaid penalty decision made by the Qijiang Traffic Police Detachment. According to publicly available government information, from June 21, 2017 to May 10, 2019, the traffic enforcement camera on the road involved took snapshots of 5,814 vehicles. Qin [REDACTED] filed an administrative lawsuit and claimed that the aforesaid administrative penalty decision and administrative reconsideration decision should be revoked. | | 重庆市綦江区公安局交通巡逻警察支队（以下简称“綦江交巡警支队”）在某丁字路口右转进入某小学的行进路段前方及右侧均未设置“禁止右转”等标志，但在进入该右转道约30米处的道路左侧和地面分别设置了“禁止驶入”交通标志和交通标线。2018年6月16日，秦某某驾驶小型轿车在该丁字路口右转行驶30米后，道路左侧出现“禁止驶入”交通标志和地上出现“禁止驶入”交通标线，秦某某进退两难，遂驶入了禁行路段。2018年7月5日，綦江交巡警支队作出《公安交通管理简易程序处罚决定书》，认定秦某某驾驶小型轿车在某小学路段实施机动车逆向行驶的违法行为，违反《中华人民共和国道路交通安全法》的规定，决定予以200元罚款、记3分的处理。秦某某不服，向重庆市綦江区公安局（以下简称“綦江区公安局”）提起行政复议，綦江区公安局于2018年8月21日作出《行政复议决定书》，维持綦江交巡警支队作出的前述处罚决定。根据公开的政府信息可知：2017年6月21日至2019年5月10日，案涉路段抓拍设备共抓拍5814车次。秦某某提起行政诉讼，请求判决撤销前述行政处罚决定和行政复议决定。 |
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