Violation of traffic regulations

Japan
Violation of traffic regulations
In comparatively slight misconduct, a fine is imposed. This is a kind of administrative disposition, and if a fine is paid within a fixed period, it will be exempted from all criminal punishment. At the police, since this fine income was made into the budget, and is norm-ized and positive control is performed depending on a season, sufficient cautions are required at the time of operation of vehicles, such as an end of the year. Moreover, in such seasons, since the policemen who do not choose a means also increase in number, control which he left to power is also often performed. If dissatisfied to the simple disposal by payment of such a fine, it has the right to look for the judicial decision by trial. In this case, the proof of the violation fact which the police collected is sent to criminal investigation, and although it is prosecuted (also in case of the same as when a fine's not being paid), it is the actual condition which does not have only the throughput which has judged the offender of the huge number of cases in administration of justice, and is the reason by which the simple disposal system was provided. In practice, a part results even in prosecution very much and it becomes a decision not to prosecute 90 percent. On the other hand, this system is not applied about serious misconduct, such as drunk driving, driving without a license, a concurrent risk act (motorcycle gang act), and a large excess of speed, but criminal punishment is received. [1]
Since a control subject attains to the man in the street broadly and it is often independently processed mechanically from the character as 行政犯 in many cases with the judgment of danger to the substantial benefit and protection of the law, there are also many troubles involving control. Although the problems (illegally obtained evidence etc.) of application violation of the constitution arise per each control theoretically, since a policeman's testimony surpasses the man's in the street testimony in respect of weight of the evidence or the degree of proof in a criminal action, it is very rare that disposal advantageous to defense goes down by the criminal action about a violation of traffic regulations.
Violation of traffic regulations