Content: S19-014.docx (16.57 KB)
Uploaded: 04.07.2019

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Likhachev, driving a VAZ-2110 car registered for his spouse, was stopped by a traffic police officer to verify documents, during which it turned out that Likhachev had no right to drive a vehicle. In addition, a medical examination showed that Likhachev, driving a vehicle, was intoxicated. The traffic police inspector drew up four protocols on administrative offenses under Part 1 of Article 12.3 of the Administrative Code in connection with the absence of a power of attorney to drive a vehicle, Part 1 of Article 12.7 of the Administrative Code in connection with the absence of rights to drive a vehicle, Part 1 of Article 12.8 due to driving while intoxicated, part 1 of article 12.37 of the Administrative Code due to the fact that the car was driven by a driver who was not inscribed with the insurance policy.
Justice of the peace, having considered the protocol on administrative violation, provided for by part 1 of article 12. 8 of the Administrative Code ceased the proceedings due to the lack of an administrative offense.
Having considered the three remaining protocols, the deputy head of the State Traffic Safety Inspectorate found Likhachev guilty of administrative offenses under Part 1 of Article 12.3, Part 1 of Article 12.7, Part 1 of Article 12.37 of the Administrative Code, and imposed an administrative penalty on him using Part 2 of Article 4.4. Administrative Code in the form of an administrative fine in the amount of 10 minimum wages.
The district prosecutor appealed to the district court the ruling of the justice of the peace to terminate the proceedings on the case of an administrative offense provided for in Part 1 of Article 12.8 of the Administrative Code. Likhachev appealed to the district court against the decision of the deputy head of the traffic police to impose an administrative fine, stating that he had not committed three different administrative offenses.
Give a legal analysis of the case, determine the signs of what structure of an administrative offense is contained in the actions of Likhachev. What decision should make the court?
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